(a) Application. This Part shall be applicable to all proceedings
in the Family Court.

(b) Waiver. For good cause shown, and in the interests of
justice, the court in a proceeding may waive compliance with
any of the rules in this Part, other than sections 205.2 and
205.3, unless prohibited from doing so by statute or by a
rule of the Chief Judge.

(c) Additional rules. Local court rules, not inconsistent
with law or with these rules, shall comply with Part 9 of
the Rules of the Chief Judge (22 NYCRR Part 9).

(d) Statutory applicability. The provisions of this Part
shall be construed consistent with the Family Court Act, the
Domestic Relations Law and, where applicable, the Social Services
Law. Matters not covered by these rules or the foregoing statutes
are governed by the Civil Practice Law and Rules.

(e) Definitions.

(1) Chief Administrator of the Courts in this Part also
includes a designee of the administrator.

(2) Unless otherwise defined in this Part, or the context
otherwise requires, all terms used in this Part shall have
the same meaning as they have in the Family Court Act, the
Domestic Relations Law, the Social Services Law and the Civil
Practice Law and Rules, as applicable.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.02 Terms and parts of court.

(a) Terms
of court.
A term of court is a four-week session of court, and there
shall be 13 terms of court in a year, unless otherwise provided
in the annual schedule of terms established by the Chief Administrator
of the Courts, which also shall specify the dates of such
terms.

(b) Parts of court. A part of court is a designated
unit of the court in which specified business of the court
is to be conducted by a judge or quasi-judicial officer.
There shall be such parts of court, including those mandated
by statute, as may be authorized from time to time by the
Chief Administrator of the Courts.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.03 Individual assignment system; structure.

(a)
General. There shall be established for all proceedings heard
in the Family Court an individual assignment system which
provides for the continuous supervision of each proceeding
by a single judge or, where appropriate, a single hearing
examiner. For the purposes of this Part, the word judge shall
include a hearing examiner, where appropriate. Except as otherwise
may be authorized by the Chief Administrator or by these rules,
every proceeding shall be assigned and heard pursuant to the
individual assignment system.

(b) Assignments. Proceedings shall be assigned to a judge
of the court upon the filing with the court of the first document
in the case. Assignments shall be made by the clerk of the
court pursuant to a method of random selection authorized
by the Chief Administrator. The judge thereby assigned shall
be known as the "assigned judge" with respect to
that matter and, except as otherwise provided in subdivision
(c) of this section or by law, shall conduct all further proceedings
therein.

(c) Exceptions.

(1) Where the requirements of matters already assigned to
a judge are such as to limit the ability of the judge to handle
additional cases, the Chief Administrator may authorize that
new assignments to the judge be suspended until the judge
is able to handle additional cases.

(2) The Chief Administrator may authorize the establishment
in any court of special categories of proceedings for assignment
to judges specially assigned to hear such proceedings. Where
more than one judge is specially assigned to hear a particular
category of proceeding, the assignment of such proceedings
to the judges so assigned shall be at random.

(3) Matters requiring immediate disposition may be assigned
to a judge designated to hear such matters when the assigned
judge is not available.

(4) The Chief Administrator may authorize the transfer of
any proceeding and any matter relating to a proceeding from
one judge to another in accordance with the needs of the court.

(5) Assignment of cases to judges pursuant to this section
shall be consistent with section 205.27 of this Part.

(6) Multiple proceedings involving members of the same family
shall be assigned to be heard by a single judge to the extent
feasible and appropriate, including, but not limited to, child
protective, foster care placement, family offense and custody
proceedings.

(a) The
Family Court is open to the public. Members of the public,
including the news media, shall have access to all courtrooms,
lobbies, public waiting areas and other common areas of Family
Court otherwise open to individuals having business before
the court.

(b) The general public or any person may be excluded from
a courtroom only if the judge presiding in the courtroom determines,
on a case-by-case basis based upon supporting evidence, that
such exclusion is warranted in that case. In exercising this
inherent and statutory discretion, the judge may consider,
among other factors, whether:

(1) the person is causing or is likely to cause a disruption
in the proceedings;

(2) the presence of the person is objected to by one of
the parties, including the law guardian, for a compelling
reason;

(3) the orderly and sound administration of justice, including
the nature of the proceeding, the privacy interests of individuals
before the court, and the need for protection of the litigants,
in particular, children, from harm, requires that some or
all observers be excluded from the courtroom;

(4) less restrictive alternatives to exclusion are unavailable
or inappropriate to the circumstances of the particular case.

Whenever the judge exercises discretion to exclude any person
or the general public from a proceeding or part of a proceeding
in Family Court, the judge shall make findings prior to ordering
exclusion.

(c) When necessary to preserve the decorum of the proceedings,
the judge shall instruct representatives of the news media
and others regarding the permissible use of the courtroom
and other facilities of the court, the assignment of seats
to representatives of the news media on an equitable basis,
and any other matters that may affect the conduct of the
proceedings and the well-being and safety of the litigants
therein.

(d) Audio-visual coverage of Family Court facilities and
proceedings shall be governed by Parts 29 and 131 of this
Title.

(e) Nothing in this section shall limit the responsibility
and authority of the Chief Administrator of the Courts, or
the administrative judges with the approval of the Chief Administrator
of the Courts, to formulate and effectuate such reasonable
rules and procedures consistent with this section as may be
necessary and proper to ensure that the access by the public,
including the press, to proceedings in the Family Court shall
comport with the security needs of the courthouse, the safety
of persons having business before the court and the proper
conduct of court business.

Subject to limitations and procedures set by statute and
case law, the following shall be permitted access to the pleadings,
legal papers formally filed in a proceeding, findings, decisions
and orders and, subject to the provisions of CPLR 8002, transcribed
minutes of any hearing held in the proceeding:

(a) the petitioner, presentment agency and adult respondent
in the Family Court proceeding and their attorneys;

(b) when a child is either a party to, or the child's custody
may be affected by, the proceeding:

(1) the parents or persons legally responsible for the care
of that child and their attorneys;

(2) the guardian, guardian ad litem and law guardian or
attorney for that child;

(3) an authorized representative of the child protective
agency involved in the proceeding or the probation service;

(4) an agency to which custody has been granted by an order
of the Family Court and its attorney; and

(c) a representative of the State Commission on Judicial
Conduct, upon application to the appropriate Deputy Chief
Administrator, or his or her designee, containing an affirmation
that the commission is inquiring into a complaint under article
2-A of the Judiciary Law, and that the inquiry is subject
to the confidentiality provisions of said article;

(d) in proceedings under articles 4, 5, 6 and 8 of the Family
Court Act in which temporary or final orders of protection
have been issued:

(1) where a related criminal action may, but has not yet
been commenced, a prosecutor upon affirmation that such records
are necessary to conduct an investigation of prosecution;
and

(2) where a related criminal action has been commenced,
a prosecutor or defense attorney in accordance with procedures
set forth in the Criminal Procedure Law provided, however,
that prosecutors may request transcripts of Family Court proceedings
in accordance with section 815 of the Family Court Act, and
provided further that any records or information disclosed
pursuant to this subdivision must be retained as confidential
and may not be redisclosed except as necessary for such investigation
or use in the criminal action; and

(e) another court when necessary for a pending proceeding
involving one or more parties or children who are or were
the parties in, or subjects of, a proceeding in the Family
Court pursuant to article 4, 5, 6, 8 or 10 of the Family Court
Act. Only certified copies of pleadings and orders in, as
well as information regarding the status of, such Family Court
proceeding may be transmitted without court order pursuant
to this section. Any information or records disclosed pursuant
to this subdivision may not be redisclosed except as necessary
to the pending proceeding.

Where the Family Court has authorized that the address of
a party or child be kept confidential in accordance with Family
Court Act, section 154-b(2), any record or document disclosed
pursuant to this section shall have such address redacted
or otherwise safeguarded.

Reports on forms to be furnished by the Office of Court
Administration shall be filed with that office by the Family
Court in each county, as follows:

(a) On or before the 20th day of each term, a report shall
be filed in the Office of Court Administration for each of
the following instances in which an order of disposition was
entered in the preceding month:

(1) every proceeding instituted under article 10 of the
Family Court Act; and

(2) every proceeding instituted under article 7 of the Family
Court Act.

(b) No later than five calendar days thereafter, a separate
weekly account for the preceding week ending Sunday shall
be filed in the Office of Court Administration concerning:

(1) new cases;

(2) assignment of judges;

(3) appearances of counsel; and

(4) judicial activity;

unless the requirement therefor is otherwise specifically
suspended, in whole or in part, by the Office of Court Administration.

(c) On or before the 20th day of the first term of each
year, an inventory of the cases pending as of the first day
of the first term of that year shall be filed in the Office
of Court Administration, and an inventory of pending cases
shall also be filed at such other times as may be specified
by the Office of Court Administration.

(a) The forms set forth in Chapter IV of Subtitle D of this
Title, designated "Forms of the Family Court of the State
of New York" and "Adoption Forms of the Family Court
and Surrogate's Court of the State of New York," respectively,
shall be the official forms of the court and shall, in substantially
the same form as set forth, be uniformly used throughout the
State. Examples of these forms shall be available at the clerk's
office of any Family Court.

(b) The prefixes for the docket numbers assigned to Family
Court proceedings shall be:

(c) Proceedings for extensions of placement shall bear the
prefix of the original proceeding in which the placement was
made.

(d) The case docket number shall appear on the outside cover
and first page to the right of the caption of every paper
tendered for filing in the proceeding. Each such cover and
first page also shall contain an indication of the county
of venue and a brief description of the nature of the paper
and, where the case has been assigned to an individual judge,
shall contain the name of the assigned judge to the right
of caption. In addition to complying with the provisions of
CPLR 2101, every paper filed in court shall have annexed thereto
appropriate proof of service on all parties where required,
and every paper, other than an exhibit or a printed official
form promulgated in accordance with section 214 of the Family
Court Act, shall contain writing on one side only and, if
typewritten, shall have at least double space between each
line, except for quotations and the names and addresses of
attorneys appearing in the action, and shall have at least
one-inch margins.

All papers for signature or consideration of the court shall
be presented to the clerk of the court in the appropriate
courtroom or clerk's office, except that when the clerk is
unavailable or the judge so directs, papers may be submitted
to the judge and a copy filed with the clerk at the first
available opportunity. All papers for any judge which are
filed in the clerk's office shall be promptly delivered to
the judge by the clerk. The papers shall be clearly addressed
to the judge for whom they are intended and prominently show
the nature of the papers, the title and docket number of the
proceeding in which they are filed, the judge's name and the
name of the attorney or party submitting them.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.09 Miscellaneous proceedings.

All proceedings for which the procedure has not been prescribed
by provisions of the Family Court Act, the Domestic Relations
Law or the Social Services Law, including but not limited
to, proceedings involving consent to marry, interstate compact
on juveniles and material witnesses, shall be commenced by
the filing of a petition and shall require the entry of a
written order.

Each attorney appearing in a proceeding is required to file
a written notice of appearance on or before the time of the
attorney's first appearance in court or no later than 10 days
after appointment or retainer, whichever is sooner. The notice
shall contain the attorney's name, office address and telephone
number, and the name of the person on whose behalf he or she
is appearing.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.11 Service and filing of motion papers.

Where motions are required to be on notice:

(a) The motion shall be made returnable at such hour as
the assigned judge directs.

(b) At the time of service of the notice of motion, the
moving party shall serve copies of all affidavits and briefs
upon all of the attorneys for the parties or upon the parties
appearing pro se. The answering party shall serve copies of
all affidavits and briefs as required by CPLR 2214. Affidavits
shall be for a statement of the relevant facts, and briefs
shall be for a statement of the relevant law. Unless otherwise
directed by the court, answering and reply affidavits and
all papers required to be furnished to the court by the Family
Court Act or CPLR 2214(c) must be filed no later than the
time of argument or submission of the motion.

(c) The assigned judge may determine that any or all motions
in that proceeding shall be orally argued and may direct that
moving and responding papers shall be filed with the court
prior to the time of argument.

(d) Unless oral argument has been requested by a party and
permitted by the court, or directed by the court, motion papers
received by the clerk of the court on or before the return
date shall be deemed submitted as of the return date. A party
requesting oral argument shall set forth such request in its
notice of motion or on the first page of the answering papers,
as the case may be. A party requesting oral argument on a
motion brought on by an order to show cause shall do so as
soon as practicable before the time the motion is to be heard.

(e) Hearings on motions shall be held when required by statute
or ordered by the assigned judge in the judge's discretion.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.12 Conference.

(a) In any proceeding, a conference or conferences shall
be ordered by the court as required as soon as practicable
after the proceeding has been assigned.

(b) The matters which may be considered at such conference
may include, among other things:

(1) completion of discovery;

(2) filing of motions;

(3) argument or hearing of motions;

(4) fixing of a date for fact-finding hearing;

(5) simplification and limitation of issues;

(6) amendment of pleadings or bills of particulars;

(7) admissions of fact;

(8) stipulations as to admissibility of documents;

(9) completion or modification of financial disclosure;

(10) possibilities for settlement; and

(11) limitation of number of expert witnesses.

(c) Where parties are represented by counsel, an attorney
thoroughly familiar with the action and authorized to act
on behalf of the party or accompanied by a person empowered
to act on behalf of the party represented shall appear at
such conference.

(d) At the conclusion of a conference, the court shall make
a written order, including its directions to the parties as
well as stipulations of counsel. Alternatively, in the court's
discretion, all directions of the court and stipulations of
counsel shall be formally placed on the record.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.13 Engagement of counsel.

No adjournment shall be granted on the ground of engagement
of counsel except in accordance with Part 125 of the Rules
of the Chief Administrator of the Courts (22 NYCRR Part 125).

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.14 Time limitations for proceedings involving custody
or visitation.

In any proceeding brought pursuant to sections 467, 651
or 652 of the Family Court Act to determine temporary or permanent
custody or visitation, once a hearing or trial is commenced,
it shall proceed to conclusion within 90 days.

(a) Proposed orders, with proof of service on all parties,
must be submitted for signature, unless otherwise directed
by the court, within 30 days after the signing and filing
of the decision directing that the order be settled or submitted.

(b) When settlement of an order is directed by the court:

(1) a copy of the proposed order or judgment with notice
of settlement, returnable at the office of the clerk of the
part in which the order or judgment was granted, or before
the judge of the court if the court has so directed or if
the clerk is unavailable, shall be served on all parties either:

(i) by personal service not less than five days before the
date of settlement; or

(ii) by mail not less than 10 days before the date of settlement;

(2) proposed counterorders or judgments shall be made returnable
on the same date and at the same place, and shall be served
on all parties by personal service, not less than two days,
or by mail, not less than seven days, before the date of settlement.

Section
205.16 Motion for judicial determination that reasonable efforts
are not required for child in foster care.

(a) This section shall govern any motion for a judicial
determination, pursuant to section 352.2(2)(c), 754(2)(b),
1039-b or 1052(b) of the Family Court Act or section 358-a(3)(b)
or 392(6-a) of the Social Services Law, that reasonable efforts
to prevent or eliminate the need for removal of the child
from the home or to make it possible to reunify the child
with his or her parents are not required.

(b) A motion for such a determination shall be filed in
writing on notice to the parties, including the law guardian,
on the form officially promulgated by the Chief Administrator
of the Courts and set forth in Chapter IV of Subtitle D of
this Title and shall contain all information required therein.

Historical Note
Sec. filed Feb. 5, 2001 eff. Jan. 31, 2001.

Section
205.17 Permanency hearings for child in foster care.

(a) This section shall govern all permanency hearings conducted
pursuant to articles 3, 7 and 10 of the Family Court Act and
sections 358-a and 392 of the Social Services Law.

(b) Filing deadlines.

(1) A petition for the initial permanency hearing in a case
brought pursuant to article 3 or 7 of the Family Court Act
or section 358-a or 392 of the Social Services Law shall be
filed at least 60 days prior to the expiration of one year
following the entry of the child into foster care.

(2) A petition for the initial permanency hearing in a case
arising under article 10 of the Family Court Act shall be
filed at least 60 days prior to the expiration of one year
following the entry of the child into foster care. For purposes
of this paragraph, the child shall be deemed to have entered
foster care on the earlier of the date of the fact finding
of abuse or neglect of the child pursuant to section 1051
of the Family Court Act or 60 days after the date the child
was removed from his or her home.

(3) In a case brought pursuant to section 1055-a of the
Family Court Act with respect to a child who has been freed
for adoption but not placed in an adoptive home, or who has
been freed for adoption and placed in an adoptive home but
for whom a petition for adoption has not been filed, a petition
for a permanency hearing shall be filed 60 days prior to the
earlier of the expiration of one year following the last permanency
hearing or six months after the child has been freed for adoption.
With respect to a child freed for adoption for whom an adoption
petition is pending, a petition for a permanency hearing shall
be filed 60 days prior to the expiration of one year following
the last permanency hearing.

(4) In any case in which the court has made a determination,
pursuant to section 352.2(2)(c), 754(2)(b), 1039-b or 1052(b)
of the Family Court Act or section 358-a(3)(b) or 392(6-a)
of the Social Services Law, that reasonable efforts to prevent
or eliminate the need for removal of the child from the home
or to make it possible to reunify the child with his or her
parents are not required, a permanency hearing must be held
within 30 days of such finding. In such a case, a petition
for a permanency hearing shall be filed and served on an expedited
basis as directed by the court.

(5) Following the initial permanency hearing in a case in
which a child remains in foster care, a petition for a subsequent
permanency hearing shall be filed at least 60 days prior to
the expiration of one year following the date of the preceding
permanency hearing, except as provided in paragraph (3) or
(4) of this subdivision.

(c) Required notice and service. In addition to serving
the petition and accompanying papers upon the parties, including
the law guardian, the petitioner shall provide notice of the
permanency hearing to the foster parent caring for the child
and any pre-adoptive parent or relative providing care for
the child in accordance with sections 355.5(6), 741-a, 1040
and 1055-a(4) of the Family Court Act and section 358-a(4)(c)
and 392(4)(i) of the Social Services Law. The petitioner shall
submit on or before the return date appropriate proof of service
upon the parties and documentation of the notice or notices
given to any foster parent, pre- adoptive parent or relative.

(d) Required papers to be filed.

(1) A permanency petition shall be filed on the form officially
promulgated by the Chief Administrator of the Courts and set
forth in Chapter IV of Subtitle D of this Title, and shall
contain all information required therein. The petition shall
include, but not be limited to, the following: the date by
which the permanency hearing must be held; the date by which
any subsequent permanency petition must be filed; the proposed
permanency goal for the child; the reasonable efforts, if
any, undertaken to achieve the child's return to his or her
parents and other permanency goal; the visitation plan for
the child and his or her sibling or siblings and, if parental
rights have not been terminated, for his or her parent or
parents; and current information regarding the status of services
ordered by the court to be provided, as well as other services
that have been provided, to the child and his or her parent
or parents.

(2) In all cases, the permanency petition shall be accompanied
by the most recent uniform case review containing, at minimum:
the child's permanency goal and projected timeframe for its
achievement; the reasonable efforts that have been undertaken
and are planned to achieve the goal; impediments, if any,
that have been encountered in achieving the goal; and the
service plan for the child and (where parental rights have
not been terminated) the child's parent or parents. The permanency
petition shall be accompanied by additional reports as directed
by the court. A permanency petition filed pursuant to article
3 of the Family Court Act shall contain or have annexed to
it a plan for the release or conditional release of the child,
as required by section 353.3(7) of the Family Court Act.

(3) Not later than five days prior to the date of the permanency
hearing, the petitioner shall file a report containing updated
information with the court and shall provide copies to the
parties, the law guardian, the foster parent caring for the
child and any pre-adoptive parent or relative providing care
for the child. The report shall provide information, including,
but not limited to: the current status of the child; changes,
if any, in the child's foster care placement, permanency goal
or service plan; updated information regarding allegations
in the petition and accompanying documents and any further
reports directed by the court.

Historical Note
Sec. filed Feb. 5, 2001 eff. Jan. 31, 2001.

Section
205.18 to 205.19 [Reserved]

Section
205.20 Designation of a facility for the questioning of children
in custody (juvenile delinquency).

(a) The district administrative judge in each judicial district
outside the City of New York and the administrative judge
for the Family Court within the City of New York, or a designee,
shall arrange for the inspection of any facility within the
judicial district proposed for designation as suitable for
the questioning of children pursuant to section 305.2 of the
Family Court Act, and if found suitable, the district administrative
judge or the administrative judge for the Family Court within
the City of New York, as appropriate, shall recommend its
designation to the Chief Administrator of the Courts.

(b) Every recommendation to the Chief Administrator of the
Courts shall include:

(1) the room number or identification, the type of facility
in which the room is located, the address and the hours of
access;

(2) the name of the police or other law enforcement agency,
department of probation, Family Court judge or other interested
person or agency which proposed the designation of the particular
facility;

(3) a signed and dated copy of the report of inspection
of the proposed facility, made at the direction of the district
administrative judge or the administrative judge for the Family
Court within the City of New York; and

(4) the factors upon which the recommendation is based.

(c) Any facility recommended for designation as suitable
for the questioning of children shall be separate from areas
accessible to the general public and adult detainees.

(d) Insofar as possible, the district administrative judge
or the administrative judge for the Family Court within the
City of New York, in making a recommendation for designation,
shall seek to assure an adequate number and reasonable geographic
distribution of designated questioning facilities, and that:

(1) the room is located in a police facility or in a governmental
facility not regularly or exclusively used for the education
or care of children;

(2) the room presents an office-like, rather than a jail-like,
setting;

(3) the room is clean and well maintained;

(4) the room is well lit and heated;

(5) there are separate toilet facilities for children or,
in the alternative, procedures insuring the privacy and safety
of the children when in use;

(6) there is a separate entrance for children or, in the
alternative, there are procedures which minimize public exposure
and avoid mingling with the adult detainees;

(7) a person will be in attendance with the child whenever
the room is in use as a questioning facility, such person
to be a policewoman or other qualified female person when
the child is a female; and

(8) any other factors relevant to suitability for designation
are considered.

(e) The appropriate district administrative judge or the
administrative judge for the Family Court within the City
of New York, or a designee, when notified of any material
physical change in a facility designated for the questioning
of children, shall arrange for the reinspection of such facility
concerning its continued suitability for designation.

(f) A current list of facilities designated for the questioning
of children within each judicial district and within the City
of New York shall be maintained by the district administrative
judge and the administrative judge for the Family Court within
the City of New York, and shall be kept for easy public inspection
in each Family Court in that judicial district and within
the City of New York. A current statewide list shall be maintained
in the office of the Chief Administrator of the Courts. These
lists shall be kept available for public inspection.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.21 Authorization to detention agency for release of a
child taken into custody before the filing of a petition (juvenile
delinquency).

(a) When a child is brought to a detention facility prior
to the filing of a petition, pursuant to section 305.2 of
the Family Court Act, the agency responsible for operating
the detention facility is authorized to release the child
before the filing of a petition when the events that occasioned
the taking into custody do not appear to involve allegations
that the child committed a delinquent act.

(b) If the events occasioning the taking into custody do
appear to involve allegations that the child committed a delinquent
act, the agency is authorized to release the child where practicable
and issue an appearance ticket in accordance with section
307.1 of the Family Court Act, unless special circumstances
exist which require the detention of the child, including
whether:

(1) there is a substantial probability that the child will
not appear or be produced at the appropriate probation service
at a specified time and place; or

(2) there is a serious risk that, before the petition is
filed, the child may commit an act which, if committed by
an adult, would constitute a crime; or

(3) the alleged conduct by the child involved the use or
threatened use of violence; or

(4) there is reason to believe that a proceeding to determine
whether the child is a juvenile delinquent or juvenile offender
is currently pending.

(c) Any child released pursuant to this rule shall be released
to the custody of his or her parent or other person legally
responsible for his or her care, or if such legally responsible
person is unavailable, to a person with whom he or she resides.

(a) The probation service shall conduct preliminary conferences
with any person seeking to have a juvenile delinquency petition
filed, the potential respondent and other interested persons,
including the complainant or victim, on the same day that
such persons appear at a probation service pursuant to section
305.2(4)(a), 307.1 or 320.6 of the Family Court Act, concerning
the advisability of requesting that a juvenile delinquency
petition be filed and in order to gather information needed
for a determination of the suitability of the case for adjustment.
The probation service shall permit any participant who is
represented by a lawyer to be accompanied by the lawyer at
any preliminary conference.

(b) During the preliminary probation conferences, the probation
service shall ascertain, from the person seeking to have a
juvenile delinquency petition filed, a brief statement of
the underlying events and, if known to that person, a brief
statement of factors that would be of assistance to the court
in determining whether the potential respondent should be
detained or released in the event that a petition is filed.

(c) In order to determine whether the case is suitable for
the adjustment process, the probation service shall consider
the following circumstances, among others:

(1) the age of the potential respondent; and

(2) whether the conduct of the potential respondent allegedly
involved:

(i) an act or acts causing or threatening to cause death,
substantial pain or serious physical injury to another;

(ii) the use or knowing possession of a dangerous instrument
or deadly weapon;

(iii) the use or threatened use of violence to compel a
person to engage in sexual intercourse, deviant sexual intercourse
or sexual contact;

(iv) the use or threatened use of violence to obtain property;

(v) the use or threatened use of deadly physical force with
the intent to restrain the liberty of another;

(vi) the intentional starting of a fire or the causing of
an explosion which resulted in damage to a building;

(vii) a serious risk to the welfare and safety of the community;
or

(viii) an act which seriously endangered the safety of the
potential respondent or another person;

(3) whether there is a substantial likelihood that a potential
respondent will not appear at scheduled conferences with the
probation service or with an agency to which he or she may
be referred;

(4) whether there is a substantial likelihood that the potential
respondent will not participate in or cooperate with the adjustment
process;

(5) whether there is a substantial likelihood that, in order
to adjust the case successfully, the potential respondent
would require services that could not be administered effectively
in less than four months;

(6) whether there is a substantial likelihood that the potential
respondent will, during the adjustment process:

(i) commit an act which, if committed by an adult, would
be a crime; or

(ii) engage in conduct that endangers the physical or emotional
health of the potential respondent or a member of the potential
respondent's family or household; or

(iii) harass or menace the complainant, victim or person
seeking to have a juvenile delinquency petition filed, or
a member of that person's family or household, where demonstrated
by prior conduct or threats;

(7) whether there is pending another proceeding to determine
whether the potential respondent is a person in need of supervision,
a juvenile delinquent or a juvenile offender;

(8) whether there have been prior adjustments or adjournments
in contemplation of dismissal in other juvenile delinquency
proceedings;

(9) whether there has been a prior adjudication of the potential
respondent as a juvenile delinquent or juvenile offender;

(10) whether there is a substantial likelihood that the
adjustment process would not be successful unless the potential
respondent is temporarily removed from his or her home and
that such removal could not be accomplished without invoking
the court process; and

(11) whether a proceeding has been or will be instituted
against another person for acting jointly with the potential
respondent.

(d) At the first appearance at a conference by each of the
persons listed in subdivision (a) of this section, the probation
service shall inform such person concerning the function and
limitations of, and the alternatives to, the adjustment process,
and that:

(1) he or she has the right to participate in the adjustment
process;

(2) the probation service is not authorized to and cannot
compel any person to appear at any conference, produce any
papers or visit any place;

(3) the person seeking to have a juvenile delinquency petition
filed is entitled to have access to the appropriate presentment
agency at any time for the purpose of requesting that a petition
be filed under article 3 of the Family Court Act;

(4) the adjustment process may continue for a period of
two months and may be extended for an additional two months
upon written application to the court and approval thereof;

(5) statements made to the probation service are subject
to the confidentiality provisions contained in section 308.1(6)
and (7) of the Family Court Act; and

(6) if the adjustment process is commenced but is not successfully
concluded, the persons participating therein may be notified
orally or in writing of that fact and that the case will be
referred to the appropriate presentment agency; oral notification
will be confirmed in writing.

(e) If the adjustment process is not commenced:

(1) the record of the probation service shall contain a
statement of the grounds therefor; and

(2) the probation service shall give written notice to the
persons listed in subdivision (a) of this section who have
appeared that:

(i) the adjustment process will not be commenced;

(ii) the case will be referred to the appropriate presentment
agency; and

(iii) they are entitled to have access to the presentment
agency for the purpose of requesting that a petition be filed
under article 3 of the Family Court Act.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.23 Duties of the probation service and procedures relating
to the adjustment process (juvenile delinquency).

(a) Upon a determination by the probation service that a
case is suitable for the adjustment process, it shall include
in the process the potential respondent and any other persons
listed in section 205.22(a) of this Part who wish to participate
therein. The probation service shall permit any participant
who is represented by a lawyer to be accompanied by the lawyer
at any conference.

(b) If an extension of the period of the adjustment process
is sought, the probation service shall apply in writing to
the court and shall set forth the services rendered to the
potential respondent, the date of commencement of those services,
the degree of success achieved, the services proposed to be
rendered and a statement by the assigned probation officer
that, in the judgment of such person, the matter will not
be successfully adjusted unless an extension is granted.

(c) The probation service may discontinue the adjustment
process if, at any time:

(1) the potential respondent or the person seeking to have
a juvenile delinquency petition filed requests that it do
so; or

(2) the potential respondent refuses to cooperate with the
probation service or any agency to which the potential respondent
or a member of his or her family has been referred.

(d) If the adjustment process is not successfully concluded,
the probation service shall notify all the persons who participated
therein in writing:

(1) that the adjustment process has not been successfully
concluded;

(2) that the appropriate presentment agency will be notified
within 48 hours or the next court day, whichever occurs later;
and

(3) that access may be had to the presentment agency to
request that a petition be filed;

and, in addition to the above, shall notify the potential
respondent in writing of the reasons therefor.

(e) The case record of the probation service required to
be kept pursuant to section 243 of the Executive Law and the
regulations promulgated thereunder shall contain a statement
of the grounds upon which:

(1) the adjustment process was commenced but was not successfully
concluded; or

(2) the adjustment process was commenced and successfully
concluded.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.24 Terms and conditions of order adjourning a proceeding
in contemplation of dismissal in accordance with section 315.3
of the Family Court Act.

(a) An order adjourning a proceeding in contemplation of
dismissal pursuant to section 315.3 of the Family Court Act
shall be related to the alleged or adjudicated acts or omissions
of respondent and shall contain at least one of the following
terms and conditions directing the respondent to:

(1) attend school regularly and obey all rules and regulations
of the school;

(2) obey all reasonable commands of the parent or other
person legally responsible for respondent's care;

(3) avoid injurious or vicious activities;

(4) abstain from associating with named individuals;

(5) abstain from visiting designated places;

(6) abstain from the use of alcoholic beverages, hallucinogenic
drugs, habit-forming drugs not lawfully prescribed for the
respondent's use, or any other harmful or dangerous substance;

(7) cooperate with a mental health, social services or other
appropriate community facility or agency to which the respondent
is referred;

(8) restore property taken from the complainant or victim,
or replace property taken from the complainant or victim,
the cost of said replacement not to exceed $1,500;

(9) repair any damage to, or defacement of, the property
of the complainant or victim, the cost of said repair not
to exceed $1,500;

(10) cooperate in accepting medical or psychiatric diagnosis
and treatment, alcoholism or drug abuse treatment or counseling
services and permit an agency delivering that service to furnish
the court with information concerning the diagnosis, treatment
or counseling;

(11) attend and complete an alcohol awareness program established
pursuant to section 19.25 of the Mental Hygiene Law;

(12) abstain from disruptive behavior in the home and in
the community;

(13) abstain from any act which, if done by an adult, would
be an offense; and

(14) comply with such other reasonable terms and conditions
as may be permitted by law and as the court shall determine
to be necessary or appropriate to ameliorate the conduct which
gave rise to the filing of the petition or to prevent placement
with the Commissioner of Social Services or the Office of
Children and Family Services.

(b) An order adjourning a proceeding in contemplation of
dismissal pursuant to section 315.3 of the Family Court Act
may direct that the probation service supervise respondent's
compliance with the terms and conditions of said order, and
may set a time or times at which the probation service shall
report to the court, orally or in writing, concerning compliance
with the terms and conditions of said order.

(c) A copy of the order setting forth the terms and conditions
imposed, and the duration thereof, shall be furnished to the
respondent and to the parent or other person legally responsible
for the respondent.

Section
205.25 Terms and conditions of order releasing respondent
in accordance with section 320.5 of the Family Court Act.

(a) An order releasing a respondent at the initial appearance
in accordance with section 320.5 of the Family Court Act may
contain one or more of the following terms and conditions,
directing the respondent to:

(1) attend school regularly;

(2) abstain from any act which, if done by an adult, would
be an offense;

(3) observe a specified curfew, which must be reasonable
in relation to the ends sought to be achieved and narrowly
drawn;

(4) participate in a program duly authorized as an alternative
to detention; or

(5) comply with such other reasonable terms and conditions
as the court shall determine to be necessary or appropriate.

(b) A copy of the order setting forth terms and conditions
imposed, and the duration thereof, shall be furnished at the
time of issuance to the respondent and, if present, to the
parent or other person legally responsible for the respondent.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.26 Procedure when remanded child absconds.

(a) When a child absconds from a facility to which he or
she was duly remanded, written notice of that fact shall be
given within 48 hours, by an authorized representative of
the facility, to the clerk of the court from which the remand
was made. The notice shall state the name of the child, the
docket number of the pending proceeding in which the child
was remanded, the date on which the child absconded and the
efforts made to locate and secure the return of the child.
Every order of remand shall include a direction embodying
the requirements of this subdivision.

(b) Upon receipt of the written notice of absconding, the
clerk shall cause the proceeding to be placed on the court
calendar no later than the next court day for such action
as the court may deem appropriate, and shall give notice of
such court date to the presentment agency and law guardian
or privately retained counsel of the child.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.27 Procedure for assignment, in accordance with section
340.2(3) of the Family Court Act, of a proceeding to another
judge when the appropriate judge cannot preside.

Except for proceedings transferred in accordance with section
302.3(4) of the Family Court Act, when a judge who has presided
at the fact-finding hearing, or accepted an admission pursuant
to section 321.3 of such act in a juvenile delinquency proceeding,
cannot preside at another subsequent hearing, including the
dispositional hearing, for the reasons set forth in section
340.2(3), the assignment of the proceeding to another judge
of the court shall be made as authorized by the Chief Administrator
of the Courts.

(a) Pre-petition and pretrial detention;
required findings.
In any case in which detention is ordered by the court pursuant
to section 307.4 or 320.5 of the Family Court Act, the court
shall make additional, specific written findings regarding
the following issues:

(1) whether the continuation of the respondent in his or
her home would be contrary to his or her best interests; and

(2) where appropriate and consistent with the need for protection
of the community, whether reasonable efforts were made, prior
to the date of the court hearing that resulted in the detention
order, to prevent or eliminate the need for removal of the
respondent from his or her home, or, if the respondent had
been removed from his or her home prior to the initial appearance,
where appropriate and consistent with the need for protection
of the community, whether reasonable efforts were made to
make it possible for the respondent to safely return home.

The court may request the presentment agency and the local
probation department to provide information to the court to
aid in its determinations and may also consider information
provided by the law guardian.

(b) Motion for an order that reasonable
efforts are not required. A motion for a judicial determination, pursuant
to section 352.2(2)(c) of the Family Court Act, that reasonable
efforts to prevent or eliminate the need for removal of the
respondent from his or her home or to make it possible to
reunify the respondent with his or her parents are not required,
shall be governed by section 205.16 of this Part.

(c) Placement; required findings. In any case in which the
court is considering ordering placement pursuant to section
353.3 or 353.4 of the Family Court Act, the presentment agency,
local probation department, local commissioner of social services
and New York State Office of Children and Family Services
shall provide information to the court to aid in its required
determination of the following issues:

(1) whether continuation in the respondent's home would
be contrary to the best interests of the respondent, and,
in the case of a respondent for whom the court has determined
that continuation in his or her home would not be contrary
to the best interests of the respondent, whether continuation
in the respondent's home would be contrary to the need for
protection of the community;

(2) whether, where appropriate and where consistent with
the need for protection of the community, reasonable efforts
were made, prior to the date of the dispositional hearing,
to prevent or eliminate the need for removal of the respondent
from his or her home, and, if the respondent was removed from
his or her home prior to the dispositional hearing, where
appropriate and where consistent with the need for protection
of the community, whether reasonable efforts were made to
make it possible for the respondent to return home safely.
If the court determines that reasonable efforts to prevent
or eliminate the need for removal of the respondent from the
home were not made, but that the lack of such efforts was
appropriate under the circumstances, or consistent with the
need for protection of the community, or both, the court order
shall include such a finding;

(3) in the case of a respondent who has attained the age
of 16, the services needed, if any, to assist the respondent
to make the transition from foster care to independent living;
and

(4) in the case of an order of placement specifying a particular
authorized agency or foster care provider, the position of
the New York State Office of Children and Family Services
or local department of social services, as applicable, regarding
such placement.

(d) Permanency hearing; extension
of placement. A petition
for a permanency hearing and, if applicable, an extension
of placement, pursuant to sections 355.3 and 355.5 of the
Family Court Act, shall be filed at least 60 days prior to
the expiration of one year following the respondent's entry
into foster care; provided, however, that if the Family Court
makes a determination, pursuant to section 352.2(2)(c) of
the Family Court Act, that reasonable efforts are not required
to prevent or eliminate the need for removal of the respondent
from his or her home or to make it possible to reunify the
respondent with his or her parents, the permanency hearing
shall be held within 30 days of such finding and the petition
for the permanency hearing shall be filed and served on an
expedited basis as directed by the court. Following the initial
permanency hearing in a case in which the respondent remains
in placement, a petition for a subsequent permanency hearing
and, if applicable, extension of placement, shall be filed
at least 60 days prior to the expiration of one year following
the date of the preceding permanency hearing. All petitions
for permanency hearings shall be governed by section 205.17
of this Part.

(a) Any person except a commissioner of social services,
a social services official or a person who is receiving paternity
and support services pursuant to section 111-g of the Social
Services Law, seeking to file a petition for support under
article 4 of the Family Court Act, may first be referred to
the probation service concerning the advisability of filing
a petition.

(b) The probation service shall be available to meet and
confer concerning the advisability of filing a petition with
the person seeking to file a petition for support, the potential
respondent and any other interested person no later than the
next regularly scheduled court day. The probation service
shall permit any participant who is represented by a lawyer
to be accompanied at any preliminary conference by the lawyer,
who shall be identified by the probation officer to the other
party, and shall not discourage any person from seeking to
file a petition.

(c) At the first appearance at a conference by each of the
persons listed in subdivision (b) of this section, the probation
service shall inform such person concerning the function and
limitations of, and the alternative to, the adjustment process,
and that:

(1) the purpose of the adjustment process is to discover
whether it will be possible to arrive at a voluntary agreement
for support without filing a petition;

(2) the person seeking to file a petition for support is
entitled to request that the probation service confer with
him or her, the potential respondent and any other interested
person concerning the advisability of filing a petition for
support under article 4 of the Family Court Act;

(3) if the assistance of the probation service is not requested
or, if requested, is subsequently declined, the person seeking
to file a petition for support is entitled to have access
to the court at any time for that purpose and may proceed
to file a petition for support;

(4) the probation service is not authorized to, and shall
not, compel any person, including the person seeking support,
to appear at any conference, produce any papers or visit any
place;

(5) the adjustment process must commence within 15 days
from the date of the request for a conference, may continue
for a period of two months from the date of that request,
and may be extended for an additional 60 days upon written
application to the court containing the consent of the person
seeking to file a petition;

(6) if the adjustment process is not successful, the persons
participating therein shall be notified in writing of that
fact and that the person seeking to file a petition for support
is entitled to access to the court for that purpose; and

(7) if the adjustment of the matter results in a voluntary
agreement for support of the petitioner and any dependents:

(i) it shall be reduced to writing by the probation service,
signed by both parties to it, and submitted to the Family
Court for approval;

(ii) if the court approves it, the court may, without further
hearing, enter an order for support pursuant to section 425
of the Family Court Act in accordance with the agreement;

(iii) the order when entered shall be binding upon the parties
and shall in all respects be a valid order, and the Family
Court may entertain a proceeding for enforcement of the order
should there not be compliance with the order; and

(iv) unless the agreement is submitted to the Family Court
and an order is issued, the Family Court will not entertain
a proceeding for the enforcement of the agreement should the
agreement not be complied with.

(d) If the adjustment process is not commenced, the probation
service shall give written notice to the persons listed in
subdivision (b) of this section that:

(1) the adjustment process will not be commenced, and the
reasons therefor;

(2) the person seeking to file a petition for support is
entitled to access to the court for that purpose; and

(3) if applicable, the adjustment process was not commenced
on the ground that the court would not have jurisdiction over
the case, and the question of the court's jurisdiction may
be tested by filing a petition.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.31 Duties of the probation service and procedures relating
to the adjustment process (support).

(a) If the assistance of the probation service is requested
by the person seeking to file a petition for support, and
it appears that it may be possible to arrive at a voluntary
agreement for support, the adjustment process shall commence
within 15 days from the date of request, and shall include
the person seeking to file a petition for support, the potential
respondent and any other person listed in subdivision (b)
of section 205.30 of this Part who wishes to participate therein.
The probation service shall permit any participant who is
represented by a lawyer to be accompanied at any conference
by the lawyer, who shall be identified by the probation officer
to the other party, and shall not discourage any person from
seeking to file a petition.

(b) If an extension of the period of the adjustment process
is sought, the probation service shall apply in writing to
the court and shall set forth the services rendered, the date
of commencement of those services, the degree of success achieved
and the services proposed to be rendered. The application
shall set forth the reasons why, in the opinion of the assigned
probation officer, additional time is needed to adjust the
matter, and shall contain the signed consent of the person
seeking to file a petition for support.

(c) The probation service shall discontinue its efforts
at adjustment if, at any time:

(1) the person seeking to file a petition for support or
the potential respondent requests that it do so; or

(2) it appears to the probation service that there is no
reasonable likelihood that a voluntary agreement for support
will result.

(d) If the adjustment process is not successfully concluded,
the probation service shall notify all the persons who participated
therein, in writing:

(1) that the adjustment process has not been successfully
concluded and the reasons therefor; and

(2) that the person seeking to file a petition for support
is entitled to access to the court for that purpose.

(e) If the adjustment process results in an agreement for
the support of the petitioner and any dependents:

(1) it shall be reduced to writing by the probation service,
shall be signed by both parties to it, and shall be submitted
to the court, together with a petition for approval of the
agreement and a proposed order incorporating the agreement;
and

(2) if the agreement is approved by the court, a copy of
the order shall be furnished by the probation service to the
person seeking to file a petition for support and the potential
respondent, in person if they are present, and by mail if
their presence has been dispensed with by the court.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.32 Hearing examiners.

(a) Qualifications. Hearing examiners shall be appointed
by the Chief Administrator of the Courts to hear and determine
support proceedings in Family Court pursuant to section 439
of the Family Court Act. They shall be attorneys admitted
to the practice of law in New York for at least five years
and shall be knowledgeable with respect to Family Court procedure,
family law and Federal and State support law and programs.

(b) Term.

(1) Hearing examiners shall be appointed as nonjudicial
employees of the Unified Court System on a full-time basis
for a term of three years and, in the discretion of the Chief
Administrator, may be reappointed for subsequent terms, provided
that if the Chief Administrator determines that the employment
of a full-time hearing examiner is not required in a particular
court, the services of a full-time hearing examiner may be
shared by one or more counties or a hearing examiner may be
appointed to serve within one or more counties on a part-time
basis.

(2) In the discretion of the Chief Administrator, an acting
hearing examiner may be appointed to serve during a hearing
examiner's authorized leave of absence. In making such appointment,
the provisions for selection of hearing examiners set forth
in subdivision (c) of this section may be modified by the
Chief Administrator as appropriate to the particular circumstances.

(3) A hearing examiner shall be subject to removal or other
disciplinary action pursuant to the procedure set forth in
section 25.29(b) of the Rules of the Chief Judge (22 NYCRR
25.29[b]).

(c) Selection of hearing examiners.

(1) The district administrative judge for the judicial district
in which the county or counties where the hearing examiner
is authorized to serve is located, or the administrative judge
for the courts in Nassau County or the administrative judge
for the courts in Suffolk County, if the hearing examiner
is authorized to serve in either of those counties, or the
administrative judge for the Family Court within the City
of New York, if the hearing examiner is to serve in New York
City, shall:

(i) publish an announcement in the law journal serving the
affected county or counties inviting applications from the
bar or, if there is no law journal serving such area, in a
newspaper of general circulation; and

(ii) communicate directly with bar associations in the affected
county or counties to invite applicants to apply.

(2) The announcements and communications shall set forth
the qualifications for selection as contained in subdivision
(a) of this section, the compensation, the term of appointment
and requirements concerning restrictions on the private practice
of law.

(3) A committee consisting of an administrative judge, a
judge of the Family Court and a designee of the Chief Administrator
shall screen each applicant for qualifications, character
and ability to handle the hearing examiner responsibilities,
and shall forward the names of recommended nominees, with
a summary of their qualifications, to the Chief Administrator,
who shall make the appointment. The appointment order shall
indicate the court or courts in which the hearing examiner
shall serve. The Chief Administrator further may authorize
temporary assignments to additional courts.

(d) Training. The Chief Administrator shall authorize such
training for hearing examiners as appropriate to ensure the
effective performance of their duties.

(e) Compensation and expenses. Compensation for hearing
examiners shall be fixed by the Chief Administrator. Hearing
examiners shall be entitled to reimbursement of actual and
necessary travel expenses in accordance with the rules governing
the reimbursement of the travel expenses of nonjudicial court
employees of the State of New York.

The supervising judge of the Family Court in the county
in which the hearing examiner will serve, or the deputy administrative
judge for the Family Court within the City of New York, if
the hearing examiner is to serve in New York City, shall assign
hearing examiners as required by the needs of the courts,
in conformance with law and in conformance with section 205.3
of this Part.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.34 Referrals to hearing examiners.

(a) A summons or warrant in support proceedings shall be
made returnable by the clerk of the court before a hearing
examiner in the first instance, unless otherwise provided
by the court. A net worth statement form prescribed by the
Chief Administrator shall be appended by the clerk to the
summons to be served upon the respondent and shall be given
to the petitioner upon the filing of the petition.

(b) Whenever the parties are before a judge of the court
when support is an issue, the judge shall make an immediate
order, either temporary or permanent, with respect to support.
If a temporary order is made, the court shall refer the issues
of support to a hearing examiner.

(c) The above provisions shall apply to initial determinations
of support, subsequent modification or violation proceedings,
and support proceedings referred to Family Court by the Supreme
Court pursuant to part 6 of article 4 of the Family Court
Act.

(a) Unless otherwise specified in the order of reference,
the hearing examiner shall conduct the hearing in the same
manner as a court trying an issue without a jury in conformance
with the procedures set forth in the Civil Practice Law and
Rules and with section 205.3 of this Part.

(b) If a full or partial agreement is reached between the
parties during the hearing, it shall be placed on the record
and, if approved, shall be incorporated into an order, which
shall be duly entered.

(c) The hearing examiner shall require the exchange and
filing of affidavits of financial disclosure.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.36 Findings of fact; transmission of findings of fact
and other information; quarterly reports.

(a) Findings of fact shall be in writing and shall include,
where applicable, the income and expenses of each party, the
basis for liability for support and an assessment of the needs
of the children. The findings of fact shall be set forth on
a form prescribed by the Chief Administrator. A copy of the
findings of fact shall accompany the order of support.

(b) At the time of the entry of the order of support, the
clerk of the court shall cause a copy of the findings of fact
and order of support to be served either in person or by mail
upon the parties to the proceeding or their attorneys. When
the findings and order are transmitted to a party appearing
pro se, they shall be accompanied by information about the
objection process, including the requirements for a transcript,
the time limitations governing the filing of objections and
rebuttals, and the necessity for affidavits of service on
the opposing party of all papers filed with the court.

(c) Each hearing examiner shall file with the Chief Administrator,
in such form as may be required, a quarterly report indicating
the matters that have been pending undecided before such hearing
examiner for a period of 30 days after final submission, and
the reasons therefor.

(a) Hearings may be recorded mechanically. Any equipment
used for such mechanical recording or for the production of
such recording shall have the prior approval of the Chief
Administrator of the Courts.

(b) Mechanical recordings shall be appropriately and clearly
identified with the name of the case, docket number and date
of hearing for storage and retrieval with proper precautions
taken for security and preservation of confidentiality. Where
hearings are recorded mechanically, the clerk of the court
shall provide a means for the making of a duplicate recording
or for an alternative method for preparation of a transcript
where required by a judge reviewing objections to an order
of a hearing examiner or when requested by a party.

(c) A transcript of the proceeding before the hearing examiner
shall be prepared where required by the judge to whom objections
have been submitted for review, in which event costs of duplication
and of transcript preparation shall be borne by the objecting
party. Either party may request a duplicate recording or transcript,
in which event costs of duplication of the recording or preparation
of the transcript shall be borne by the requesting party.
A transcript shall bear the certification of the transcriber
that the transcript is a true and accurate transcription of
the proceeding. A party who is financially unable to pay the
cost of the duplicate recording or the preparation of a transcript
may seek leave of the court to proceed as a poor person pursuant
to article 11 of the Civil Practice Law and Rules.

(d) Objections to the order of the hearing examiner and
rebuttals thereto shall be accompanied by an affidavit of
service on the opposing party.

Section
205.38 Record and report of unexecuted warrants issued pursuant
to section 428 of the Family Court Act.

(a) The clerk of court for the Family Court in each county
shall obtain and keep a record of executed warrants issued
pursuant to section 428 of the Family Court Act.

(b) At the end of each six-month period, on the first of
January and on the first of July in each year, a report concerning
all unexecuted warrants issued pursuant to section 428 of
the Family Court Act shall be made and filed with the Office
of Court Administration, on a form to be supplied by the Office
of Court Administration.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.39 Authority of probation when there is a failure to obey
a lawful order of the court (support).

(a) The probation service, at the request of the petitioner,
is authorized to confer with the respondent and the petitioner
whenever any respondent fails to obey a lawful order of the
court made under article 4 of the Family Court Act or an order
of support made under article 5 of the Family Court Act concerning
the existence of the violation, the reason for it and the
likelihood that there will be compliance in the future. The
probation service shall permit any participant who is represented
by a lawyer to be accompanied at any conference by the lawyer,
who shall be identified by the probation officer to the other
party, and shall not discourage any person from seeking to
file a petition to enforce compliance.

(b) Before holding any conference pursuant to subdivision
(a) of this section:

(1) the probation service shall notify the respondent in
writing that:

(i) the probation service is willing to confer with the
respondent and must hear from the respondent within seven
days if a conference is to be held; and

(ii) the petitioner is entitled to petition the court to
enforce compliance with the order;

(2) a copy of this notice shall be furnished to the petitioner;
and

(3) if the respondent does not communicate with the probation
service within seven days, the probation service shall advise
the petitioner that he or she may petition the court to enforce
compliance with the order.

(c) If, at a conference held pursuant to subdivision (a)
of this section, it shall appear to the probation service
that the failure to comply with the order was not willful
and that there is a substantial likelihood that compliance
with the order will result, the probation service is authorized
to adjust the matter informally. An existing order may not
be modified by informal adjustment without the filing of a
petition for such modification and the approval of the court
thereof. Efforts at adjustment pursuant to this subdivision
shall not extend beyond the conference held pursuant to subdivision
(a) of this section.

(d) The probation service is not authorized to, and shall
not, discuss with the petitioner or the respondent:

(1) the advisability or likely outcome of filing a petition
to enforce compliance with the order; or

(2) the amount of arrears that would be awarded or cancelled
by the court if a petition to enforce the order were filed.

(a) When an application is referred to the Family Court
by the Supreme Court pursuant to part 6 of article 4 of the
Family Court Act, the parties may first be referred to the
probation service, which shall inform them at the first conference
concerning the function and limitations of and the alternatives
to the adjustment process in accordance with section 205.30(c)
of this Part.

(b) The probation service, at the request of either party
to the proceeding, shall be available to meet with the parties
and other interested persons no later than the next regularly
scheduled court day concerning the willingness of the parties
to resolve those issues by voluntary agreement. The probation
service shall permit any participant who is represented by
a lawyer to be accompanied at any preliminary conference by
the lawyer, who shall be identified by the probation officer
to the other party, and shall not discourage any person from
seeking to file a petition.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.41 Duties of the probation service and procedures relating
to the adjustment process upon referral from Supreme Court
(support).

(a) If the assistance of the probation service is requested
by either party to the proceeding, efforts at adjustment shall
commence within 15 days from the date of the request and may
continue for a period of two months from the date of request.
The court may extend the adjustment process for an additional
60 days upon written application containing the consent of
the person seeking to file a petition.

(b) The probation service shall permit any participant who
is represented by a lawyer to be accompanied at any conference
by the lawyer, who shall be identified by the probation officer
to the other party.

(c) If an extension of the period of the adjustment process
is sought, the probation service shall apply in writing to
the court and shall set forth the services rendered, the date
of commencement of those services, the degree of success achieved
and the services proposed to be rendered. The application
shall set forth the reasons why, in the opinion of the assigned
probation officer, additional time is needed to adjust the
matter, and shall contain the signed consent of the parties
and a statement by the probation officer that there is a substantial
likelihood that a voluntary agreement would be reached if
an extension were granted.

(d) The probation service shall discontinue the adjustment
process if, at any time:

(1) either party requests that it do so; or

(2) it appears to the probation service that there is no
substantial likelihood that a voluntary agreement will result.

(e) If the adjustment process is not successfully concluded,
the probation service shall notify the persons who participated
therein in writing:

(1) that the adjustment process has not been successfully
concluded, and the reasons therefor;

(2) that either party is entitled to access to the court
to have the issues which have been referred determined at
a fact-finding hearing.

(f) If the adjustment process results in a voluntary agreement
on the issues referred:

(1) it shall be reduced to writing by the probation service,
shall be signed by both parties to it, and shall be submitted
to the court, together with a petition for approval of the
agreement and a proposed order incorporating the agreement;

(2) if the agreement is approved by the court, a copy of
the order made by the court shall be furnished by the probation
service to the parties, in person if they are present, and
by mail if their presence has been dispensed with by the court.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.42 Submission by support collection units of proposed
adjusted orders of support.

(a) A submission by a support collection unit pursuant to
section 413 of the Family Court Act for adjustment of a child
support order shall include the following, which shall be
submitted on forms promulgated by the Chief Administrator
of the Courts:

(1) an affidavit from the support collection unit, with
findings in support of adjustment;

(2) a proposed adjusted order of support; and

(3) a notice to the parties of the proposed adjusted order
and of the rights of the parties, including the addresses
of the court and the support collection unit.

The documents set forth in this subdivision shall be filed
with the clerk of the court within 10 days of mailing to the
parties, together with an affidavit of service of these documents
upon the parties.

(b) Where a written objection is received by the clerk of
the court within 35 days of mailing to the parties of the
documents set forth in subdivision (a) of this section, the
court shall schedule a hearing upon notice to the support
collection unit and the parties.

(c) Where no timely objection is received by the court,
the court shall sign the order upon the court's being satisfied
that the requirements of sections 111-h of the Social Services
Law and 413 of the Family Court Act have been met, and shall
transmit copies of the order to the support collection unit
for service on the parties. Absent unusual circumstances,
the court shall sign the order or dismiss the application
within 10 business days after the conclusion of the 35-day
objection period.

(a) A petition that alleges a willful violation or seeks
enforcement of an order of support shall be scheduled as soon
as possible for a first appearance date in Family Court but
in no event more than 30 days of the filing of the violation
or enforcement petition.

(b) After service is made, the judge or hearing examiner
must commence a hearing to determine a willful violation within
30 days of the date noticed in the summons. The hearing must
be concluded within 60 days of its commencement.

(c) Neither party shall be permitted more than one adjournment
to secure counsel, except for good cause shown.

(d) On the scheduled hearing date on the issue of willfulness,
the hearing may not be adjourned except for the following
reasons:

(1) actual engagement of counsel pursuant to Part 125 of
this Title;

(2) illness of a party; or

(3) other good cause shown.

No adjournment shall be in excess of 14 days.

(e) If a willfulness hearing has commenced and must be continued,
the adjourned date shall be within seven court days.

(f) Upon the conclusion of a willfulness hearing in a case
heard by a hearing examiner, the hearing examiner shall issue
written findings of fact within five court days.

(g) In a case heard by a hearing examiner, if the hearing
examiner makes a finding of willfulness, the written findings
shall include the following:

(1) the specific facts upon which the finding of willfulness
is based;

(2) the specific amount of arrears established and a money
judgment for such amount. An award of attorney's fees may
be issued with the findings or at a later date after the case
is heard by the Family Court judge;

(3) a recommendation regarding the sanctions that should
be imposed, including a recommendation whether the sanction
of incarceration is recommended; and

(4) a recommendation, as appropriate, regarding a specific
dollar amount to be paid or a specific plan to repay the arrears.

(h) In a case heard by a hearing examiner, if counsel is
assigned, the assignment shall continue through the confirmation
proceeding before the Family Court judge without further order
of the court.

(i) In a case heard by a hearing examiner, a Family Court
judge may confirm the findings of the hearing examiner by
adopting his or her findings and recommendations in whole
or in part. Alternatively, the Family Court judge may modify
or refuse to confirm the findings and recommendations and
may refer the matter back to the hearing examiner for further
proceedings. The court may, if necessary, conduct an evidentiary
hearing.

Historical Note
Sec. filed Feb. 5, 2001 eff. Jan. 31, 2001.

Section
205.44 Testimony by telephone, audio-visual or other electronic
means in child support and paternity cases.

(a) This section shall govern applications for testimony
to be taken by telephone, audio-visual means or other electronic
means in accordance with sections 433, 531-a and 580-316
of the Family Court Act.

(b) A party or witness seeking to testify by telephone,
audio-visual means or other electronic means must complete
an application on the form officially promulgated by the Chief
Administrator of the Courts and set forth in Chapter IV of
Subtitle D of this Title and, except for good cause shown,
must file such application with the court not less than three
days in advance of the hearing date. The applicant shall attempt
to arrange to provide such testimony at a designated tribunal
or the child support enforcement agency, as defined in the
Federal Social Security Act (42 U.S.C. title IV-D) in that
party's state, or county if within the State. The court may
permit the testimony to be taken at any suitable location
acceptable to the court, including but not limited to, the
party's or witness' counsel's office, personal residence or
place of business.

(c) The applicant must provide all financial documentation
ordered to be disclosed by the court pursuant to section 424
or 580-316 of the Family Court Act, as applicable, before
he or she will be permitted to testify by telephone, audio-visual
means or other electronic means. The financial documentation
may be provided by personal delivery, mailing, fascimile,
telecopier or any other electronic means that is acceptable
to the court.

(d) The court shall transmit a copy of its decision by mail,
fascimile, telecopier, or electronic means to the applicant
and the parties. The court shall state its reasons in writing
for denying any request to appear by telephone, audio-visual
means or other electronic means.

Historical Note
Sec. filed Feb. 5, 2001 eff. Jan. 31, 2001.

Section
205.45 to 205.49 [Reserved]

Section
205.50 Terms and conditions of order suspending judgment in
accordance with section 633 of the Family Court Act or section
384-b(8)(c) of the Social Services Law.

(a) An order suspending judgment entered pursuant to section
631 of the Family Court Act or section 384-b(8)(c) of the
Social Services Law shall be related to the adjudicated acts
or omissions of respondent and shall contain at least one
of the following terms and conditions requiring respondent
to:

(1) sustain communication of a substantial nature with the
child by letter or telephone at stated intervals;

(2) maintain consistent contact with the child, including
visits or outings at stated intervals;

(3) participate with the authorized agency in developing
and effectuating a plan for the future of the child;

(4) cooperate with the authorized agency's court-approved
plan for encouraging and strengthening the parental relationship;

(5) contribute toward the cost of maintaining the child
if possessed of sufficient means or able to earn such means;

(6) seek to obtain and provide proper housing for the child;

(7) cooperate in seeking to obtain and in accepting medical
or psychiatric diagnosis or treatment, alcoholism or drug
abuse treatment, employment or family counseling or child
guidance, and permit information to be obtained by the court
from any person or agency from whom the respondent is receiving
or was directed to receive such services; and

(8) satisfy such other reasonable terms and conditions as
the court shall determine to be necessary or appropriate to
ameliorate the acts or omissions which gave rise to the filing
of the petition.

(b) The order shall set forth the duration, terms and conditions
of the suspended judgment. A copy of the order, along with
a current service plan, shall be furnished to the respondent.
The order shall contain a written statement informing the
respondent that a failure to obey the order may lead to its
revocation and to the issuance of an order for the commitment
of the guardianship and custody of a child. Where the child
is in foster care, the order shall set forth the visitation
plan for the child and the respondent, as well as for the
child and his or her sibling or siblings, if any, and shall
require the agency to notify the respondent of case conferences.
The order shall further contain a determination in accordance
with subdivision 12 of section 384-b of the Social Services
Law of the existence of any person or persons to whom notice
of an adoption would be required pursuant to section 111-b
of the Domestic Relations Law and, if so, whether such person
or persons were given notice of the termination of parental
rights proceeding and whether such person or persons appeared.

(c) The court may set a time or times at which the respondent
or the authorized agency caring for the child shall report
to the court as to whether there is compliance with the terms
and conditions of the suspended judgment.

(d) If a respondent fails to comply with the terms and conditions
of an order suspending judgment made pursuant to section 631
of the Family Court Act or section 384-b(8)(c) of the Social
Services Law:

(1) a petition for the revocation of the order may be filed;

(2) the petition shall contain a concise statement of the
acts or omissions alleged to constitute noncompliance with
the order;

(3) service of a summons and a copy of the petition shall
be made as provided for by section 617 of the Family Court
Act; and

(4) if, after a hearing, the court is satisfied that the
allegations of the petition have been established, the court
may modify, revise or revoke the order of suspended judgment.

(e) The court may at any time, upon notice and opportunity
to be heard to the parties, their attorneys and the law guardian,
revise, modify or enlarge the terms and conditions of a suspended
judgment previously imposed.

Section
205.51 Proceedings involving custody of a Native American
child.

In any proceeding in which the custody of a child is to
be determined, the petition shall set forth whether the child
is a Native American child subject to the Indian Child Welfare
Act of 1978 (25 USC 1901-1963) and the Court shall proceed
further, as appropriate, in accordance with the provisions
of that act.

(a) Sections 205.53 through 205.55 of this Part shall be
applicable to all agency and private-placement adoption
proceedings in Family Court.

(b) In any agency adoption, a petition may be filed to adopt
a child who is the subject of a termination of parental rights
proceeding and whose custody and guardianship has not yet
been committed to an authorized agency, provided that:

(1) the adoption petition is filed in the same court where
the termination of parental rights proceeding is pending;
and

(2) the adoption petition, supporting documents and the
fact of their filing shall not be provided to the judge before
whom the petition for termination of parental rights is pending
until such time as fact-finding is concluded under that petition.

(a) All papers submitted in an adoption proceeding shall
comply with section 205.7 of this Part.

(b) In addition to those papers required by the Domestic
Relations Law, the following papers, unless otherwise dispensed
with by the court, shall be submitted and filed prior to the
placement of any adoption proceeding on the calendar:

(1) a certified copy of the birth certificate of the adoptive
child;

(2) an affidavit or affidavits by an attorney admitted to
practice in the State of New York or, in the discretion of
the court, by a person other than an attorney who is known
to the court, identifying each of the parties;

(3) a certified marriage certificate, where the adoptive
parents are husband and wife or where an individual adoptive
parent is the spouse of the natural parent;

(4) a certified copy of a decree or judgment, where an adoptive
parent's marriage has been terminated by decree or judgment;

(5) a certified death certificate, where an adoptive or
natural parent's marriage has been terminated by death or
where it is alleged that consent or notice is not required
because of death;

(6) a proposed order of adoption;

(7) a copy of the attorney's affidavit of financial disclosure
filed with the Office of Court Administration pursuant to
22 NYCRR 603.23, 691.23, 806.14 or 1022.33; and

(8) an affidavit of financial disclosure from the adoptive
parent or parents, and from any person whose consent to the
adoption is required by law, setting forth the following information:

(i) name, address and telephone number of the affiant;

(ii) status of the affiant in the proceeding and relationship,
if any, to the adoptive child;

(iii) docket number of the adoption proceeding;

(iv) the date and terms of every agreement, written or otherwise,
between the affiant and any attorney pertaining to any fees,
compensation or other remuneration paid or to be paid by or
on behalf of the adoptive parents or the natural parents,
directly or indirectly, including but not limited to retainer
fees on account of or incidental to the placement or adoption
of the child or assistance in arrangements for such placement
or adoption;

(v) the total amount of fees, compensation or other remuneration
to be paid to such attorney by the affiant, directly or indirectly,
including the date and amounts of each payment already made,
if any, on account of or incidental to the placement or adoption
of the child or assistance in arrangements for such placement
or adoption;

(vi) the name and address of any other person, agency, association,
corporation, institution, society or organization who received
or will receive any fees, compensation or other remuneration
from the affiant, directly or indirectly, on account of or
incidental to the birth or care of the adoptive child, the
pregnancy or care of the adoptive child's mother or the placement
or adoption of the child and on account of or incidental to
assistance in arrangements for such placement or proposed
adoption; the amount of each such fee, compensation or other
remuneration; and the reason for or services rendered, if
any, in connection with each such fee, compensation or other
remuneration; and

(vii) the name and address of any person, agency, association,
corporation, society or organization who has or will pay the
affiant any fee, compensation or other remuneration, directly
or indirectly, on account of or incidental to the birth or
care of the adoptive child, the pregnancy or care of the adoptive
child's mother, or the placement or adoption of the child
and on account of or incidental to assistance in arrangements
for such placement or adoption; the amount of each such fee,
compensation or other remuneration; and the reason for or
services rendered, if any, in connection with each such fee,
compensation or other remuneration;

(9) in the case of an adoption from an authorized agency
in accordance with title 2 of article 7 of the Domestic Relations
Law, a copy of the criminal history summary report made by
the New York State Office of Children and Family Services
to the authorized agency pursuant to section 378-a of the
Social Services Law regarding the criminal record or records
of the prospective adoptive parent or parents and any adult
over the age of 18 currently residing in the home.

(c) Prior to the signing of an order of adoption, the court
may in its discretion require the filing of a supplemental
affidavit by the adoptive parent or parents, any person whose
consent to the adoption is required, the authorized agency
and the attorney for any of the aforementioned, setting forth
any additional information pertaining to allegations in the
petition or in any affidavit filed in the proceeding.

(a) The probation service or an authorized agency or disinterested
person is authorized to, and at the request of the court,
shall, interview such persons and obtain such data as will
aid the court in determining the truth and accuracy of an
adoption petition under article 7 of the Domestic Relations
Law, including the allegations set forth in the schedule annexed
to the petition pursuant to section 112(3) of that law and
such other facts as are necessary to a determination of the
petition.

(b) The adoptive parent or parents and other persons concerned
with the proceeding shall be notified of the date, time and
place of any interview by a disinterested person or authorized
agency designated by the court in accordance with sections
112 and 116 of the Domestic Relations Law.

(c) The written report of the investigation conducted pursuant
to subdivision (a) of this section shall be submitted to the
court within 30 days from the date on which it was ordered,
or earlier as the court may direct, unless, for good cause,
the court shall grant an extension for a reasonable period
of time not to exceed an additional 30 days.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.55 Special applications.

All applications, including applications to dispense with
statutorily required personal appearances, the period of residence
of a child, or the period of waiting after filing of the adoption
petition, shall be made in writing and shall be accompanied
by affidavits setting forth the reasons for the application
and all facts relevant thereto.

(a) The probation service or an authorized agency or disinterested
person is authorized to, and at the request of the court,
shall interview such persons and obtain such data as will
aid the court in:

(1) determining custody in a proceeding under section 467
or 651 of the Family Court Act;

(2) exercising its power under section 661 of the Family
Court Act to appoint a guardian of the person of a minor under
the jurisdiction of the court.

(b) The written report of the investigation conducted pursuant
to subdivision (a) of this section shall be submitted to the
court within 30 days from the date on which it was ordered,
or earlier as the court may direct, unless, for good cause,
the court shall grant an extension for a reasonable period
of time not to exceed an additional 30 days.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.57 Petition for guardianship by adoptive parent.

(a) When a petition for temporary guardianship has been
filed by an adoptive parent or parents pursuant to section
115-c of the Domestic Relations Law, the clerk of the court
in which the petition has been filed shall distribute a written
notice to the adoptive parents and lawyers who have appeared,
and to the Commissioner of Social Services or the Director
of the Probation Service, as appropriate, indicating that:

(1) a petition for adoption must be filed in the court in
which the application for temporary guardianship has been
brought within 45 days from the date of the signing of the
consent to the adoption;

(2) any order or decree of temporary guardianship will expire
no later than nine months following its issuance or upon the
entry of a final order of adoption whichever is sooner, unless,
upon application to the court, it is extended for good cause;
and

(3) any order or decree of temporary guardianship will terminate
upon withdrawal or denial of a petition to adopt the child,
unless the court orders a continuation of such order or decree.

(b) In addition to and without regard to the date set for
the hearing of the petition, the clerk of the court shall
calendar the case for the 45th day from the date of the signing
of the consent to the adoption. If no petition for adoption
has been filed by the 45th day, the court shall schedule a
hearing and shall order the appropriate agency to conduct
an investigation forthwith, if one had not been ordered previously.

Historical Note
Sec. filed April 3, 1989 eff. March 20, 1989.

Section
205.58 Proceedings for certification as a qualified adoptive
parent or parents.

(a) Where the petition in a proceeding for certification
as a qualified adoptive parent or parents alleges that petitioner
or petitioners will cause a preplacement investigation to
be undertaken, the petition shall include the name and address
of the disinterested person by whom such investigation will
be conducted.

(b) The report of the disinterested person conducting the
preplacement investigation shall be filed by such person directly
with the court, with a copy of such report delivered simultaneously
to the applicant or applicants.

(c) The court shall order a report (1) from the statewide
central register of child abuse and maltreatment setting forth
whether the child or the petitioner is, or petitioners are,
the subject of or another person named in an indicated report,
as such terms are defined in section 412 of the Social Services
Law, filed with such register; and (2) from the New York State
Division of Criminal Justice Services setting forth any existing
criminal record of such petitioner or petitioners, in accordance
with section 115-d(3-a) of the Domestic Relations Law; provided,
however, that where the petitioner(s) have been fingerprinted
pursuant to section 378-a of the Social Services Law, the
authorized agency in possession of a current criminal history
summary report from the New York State Office of Children
and Family Services may be requested to provide such report
to the court in lieu of a report from the New York State Division
of Criminal Justice Services.

Section
205.59 Calendaring of proceedings for adoption from an authorized
agency.

Proceedings for adoption from an authorized agency shall
be calendared as follows:

(a) Within 60 days of the filing of the petition and documents
specified in section 112-a of the Domestic Relations Law,
the court shall schedule a review of said petition and documents
to take place to determine if there is adequate basis for
approving the adoption.

(b) If such basis is found, the court shall schedule the
appearance of the adoptive parent(s) and child before the
court, for approval of the adoption, within 30 days of the
date of the review.

(c) If, upon the court's review, the court finds that there
is not an adequate basis for approval of the adoption, the
court shall direct such further hearings, submissions or appearances
as may be required, and the proceeding shall be adjourned
as required for such purposes.

Historical Note
Sec. filed Sept. 24, 1993 eff. Sept. 22, 1993.

Section
205.60 Designation of a facility for the questioning of children
in custody (PINS).

Designation of facilities for the questioning of children
pursuant to section 724(b)(ii) of the Family Court Act shall
be in accordance with section 205.20 of this Part.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.61 Authorization to release a child taken into custody
before the filing of a petition (PINS).

When a child is brought to a detention facility pursuant
to section 724(b)(iii) of the Family Court Act, the administrator
responsible for operating the detention facility is authorized,
before the filing of a petition, to release the child to the
custody of a parent or other relative, guardian or legal custodian
when the events that occasioned the taking into custody appear
to involve a petition to determine whether the child is a
person in need of supervision rather than a petition to determine
whether the child is a juvenile delinquent.

(Not applicable in jurisdictions that have designated an
assessment service pursuant to an approved assessment and
services plan as described in section 243-a of the Executive
Law; reference should be made to the procedures set forth
in section 735 of the Family Court Act.)

(a) Any person seeking to originate a proceeding under article
7 of the Family Court Act to determine whether a child is
a person in need of supervision shall first be referred to
the probation service.

(b) The probation service shall begin to conduct preliminary
conferences with the person seeking to originate the proceeding,
the potential respondent and any other interested person,
on the same day that such persons are referred to the probation
service, concerning the advisability of filing a petition
and in order to gather information needed for a determination
of the suitability of the case for adjustment. The probation
service shall permit any participant who is represented by
a lawyer to be accompanied by the lawyer at any preliminary
conference.

(c) During the preliminary probation conferences, the probation
service shall ascertain, from the person seeking to originate
the proceeding, a brief statement of the underlying events
and, if known to that person, a brief statement of factors
that would be of assistance to the court in determining whether
the potential respondent should be detained or released in
the event that a petition is filed.

(d) In order to determine whether the case is suitable for
the adjustment process, the probation service shall consider
the following circumstances, among others:

(1) the age of the potential respondent;

(2) whether the conduct of the potential respondent allegedly
involved:

(i) a serious risk to the welfare and safety of the community;
or

(ii) an act which seriously endangered the safety of the
potential respondent or another person;

(3) whether there is a substantial likelihood that the potential
respondent would not appear at scheduled conferences with
the probation service or with an agency to which he or she
may be referred;

(4) whether there is a substantial likelihood that the potential
respondent will not participate in or cooperate with the adjustment
process;

(5) whether there is a substantial likelihood that, in order
to adjust the case successfully, the potential respondent
would require services that could not be administered effectively
in less than four months;

(6) whether there is a substantial likelihood that the potential
respondent will, during the adjustment process:

(i) engage in conduct that endangers the physical or emotional
health of the potential respondent or a member of the potential
respondent's family or household; or

(ii) harass or menace the person seeking to originate the
proceeding or the complainant or a member of that person's
family or household, where demonstrated by prior conduct or
threats;

(7) whether there is pending another proceeding to determine
whether the potential respondent is a person in need of supervision,
a juvenile delinquent or a juvenile offender;

(8) whether there have been prior adjustments or adjournments
in contemplation of dismissal under article 3 or 7 of the
Family Court Act;

(9) whether there has been a prior adjudication of the potential
respondent as a person in need of supervision, a juvenile
delinquent or a juvenile offender;

(10) whether there is a substantial likelihood that the
adjustment process would not be successful unless the potential
respondent is temporarily removed from his or her home and
that such removal could not be accomplished without invoking
court process; and

(11) whether the potential respondent refuses to return
home or refuses to remain at home and the reasons therefor
do not justify the filing of a proceeding under article 10
of the Family Court Act.

(e) At the first appearance at a conference by each of the
persons listed in subdivision (b) of this section, the probation
service shall inform such person concerning the function and
limitations of, and the alternatives to, the adjustment process,
and that:

(1) he or she has the right to participate in the adjustment
process;

(2) the probation service is not authorized to and cannot
compel any person to appear at any conference, produce any
papers or visit any place;

(3) the person seeking to originate the proceeding is entitled
to have access to the court at any time for the purpose of
filing a petition under article 7 of the Family Court Act;

(4) the adjustment process may continue for a period of
two months and may be extended for an additional 60 days upon
written application to the court;

(5) statements made to the probation service are subject
to the confidentiality provisions contained in section 735
of the Family Court Act; and

(6) if the adjustment process is commenced but is not successfully
concluded, the persons participating therein may be notified
orally or in writing of that fact and that the person seeking
to originate the proceeding is entitled to access to the court
for the purpose of filing a petition; oral notification will
be confirmed in writing.

(f) If the adjustment process is not commenced:

(1) the record of the probation service shall contain a
statement of the grounds therefor; and

(2) the probation service shall give written notice to the
persons listed in subdivision (b) of this section who have
appeared:

(i) that the adjustment process will not be commenced;

(ii) that the person seeking to originate the proceeding
is entitled to access to the court for the purpose of filing
a petition; and

(iii) that, where applicable, the adjustment process was
not commenced on the ground that the court would not have
jurisdiction over the case and that the person seeking to
originate the proceeding may test the question of the court's
jurisdiction by filing a petition.

Section
205.63 Duties of the probation service and procedures relating
to the adjustment process (PINS).

(Not applicable in jurisdictions that have designated an
assessment service pursuant to an approved assessment and
services plan as described in section 243-a of the Executive
Law; reference should be made to the procedures set forth
in section 735 of the Family Court Act.)

(a) Upon a determination by the probation service that a
case is suitable for the adjustment process, it shall include
in the process the potential respondent and any other persons
listed in section 205.62(b) of this Part who wish to participate
therein. The probation service shall permit any participant
who is represented by a lawyer to be accompanied by the lawyer
at any conference.

(b) If an extension of the period of the adjustment process
is sought, the probation service shall apply in writing to
the court and shall set forth the services rendered to the
potential respondent, the date of commencement of those services,
the degree of success achieved, the services proposed to be
rendered and a statement by the assigned probation officer
that, in the judgment of such person, the matter will not
be successfully adjusted unless an extension is granted.

(c) The probation service may discontinue the adjustment
process if, at any time:

(1) the potential respondent or the person seeking to originate
the proceeding requests that it do so; or

(2) the potential respondent refuses to cooperate with the
probation service or any agency to which the potential respondent
or a member of his or her family has been referred.

(d) If the adjustment process is not successfully concluded,
the probation service shall notify all the persons who participated
therein, in writing:

(1) that the adjustment process has not been successfully
concluded; and

(2) that the person seeking to originate the proceeding
is entitled to access to the court for the purpose of filing
a petition; and, in addition to the above, shall notify the
potential respondent in writing of the reasons therefor.

(e) The case record of the probation service required to
be kept pursuant to section 243 of the Executive Law and the
regulations promulgated thereunder shall contain a statement
of the grounds upon which:

(1) the adjustment process was commenced but was not successfully
concluded; or

(a) When a child absconds from a facility to which he or
she was remanded pursuant to section 739 of the Family Court
Act, written notice of that fact shall be given within 48
hours by an authorized representative of the facility to the
clerk of the court from which the remand was made. The notice
shall state the name of the child, the docket number of the
pending proceeding in which the child was remanded, the date
on which the child absconded, and the efforts made to secure
the return of the child. Every order of remand pursuant to
section 739 shall include a direction embodying the requirements
of this subdivision.

(b) Upon receipt of the written notice of absconding, the
clerk shall cause the proceeding to be placed on the court
calendar no later than the next court day for such action
as the court may deem appropriate and shall give notice of
such court date to the petitioner, presentment agency and
law guardian or privately retained counsel of the child.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.65 Terms and conditions of order adjourning a proceeding
in contemplation of dismissal entered in accordance with section
749(a) of the Family Court Act (PINS).

(a) An order adjourning a proceeding in contemplation of
dismissal pursuant to section 749(a) of the Family Court Act
shall contain at least one of the following terms and conditions
directing the respondent to:

(1) attend school regularly and obey all rules and regulations
of the school;

(2) obey all reasonable commands of the parent or other
person legally responsible for the respondent's care;

(3) avoid injurious or vicious activities;

(4) abstain from associating with named individuals;

(5) abstain from visiting designated places;

(6) abstain from the use of alcoholic beverages, hallucinogenic
drugs, habit-forming drugs not lawfully prescribed for the
respondent's use, or any other harmful or dangerous substance;

(7) cooperate with a mental health or other appropriate
community facility to which the respondent is referred;

(8) restore property taken from the petitioner, complainant
or victim, or replace property taken from the petitioner,
complainant or victim, the cost of said replacement not to
exceed $1,500;

(9) repair any damage to, or defacement of, the property
of the petitioner, complainant or victim, the cost of said
repair not to exceed $1,500;

(10) cooperate in accepting medical or psychiatric diagnosis
and treatment, alcoholism or drug abuse treatment or counseling
services, and permit an agency delivering that service to
furnish the court with information concerning the diagnosis,
treatment or counseling;

(11) attend and complete an alcohol awareness program established
pursuant to section 19.25 of the Mental Hygiene Law;

(12) abstain from disruptive behavior in the home and in
the community; or

(13) comply with such other reasonable terms and conditions
as may be permitted by law and as the court shall determine
to be necessary or appropriate to ameliorate the conduct which
gave rise to the filing of the petition.

(b) An order adjourning a proceeding in contemplation of
dismissal pursuant to section 749(b) of the Family Court Act
may set a time or times at which the probation service shall
report to the court, orally or in writing, concerning compliance
with the terms and conditions of said order.

(c) A copy of the order setting forth the terms and conditions
imposed and the duration thereof shall be furnished to the
respondent and to the parent or other person legally responsible
for the respondent.

Section
205.66 Terms and conditions of order in accordance with section
755 or 757 of the Family Court Act (PINS).

(a) An order suspending judgment entered pursuant to section
754 of the Family Court Act shall be reasonably related to
the adjudicated acts or omissions of the respondent and shall
contain at least one of the following terms and conditions
directing the respondent to:

(1) attend school regularly and obey all rules and regulations
of the school;

(2) obey all reasonable commands of the parent or other
person legally responsible for the respondent's care;

(3) avoid injurious or vicious activities;

(4) abstain from associating with named individuals;

(5) abstain from visiting designated places;

(6) abstain from the use of alcoholic beverages, hallucinogenic
drugs, habit-forming drugs not lawfully prescribed for the
respondent's use, or any other harmful or dangerous substance;

(7) cooperate with a mental health or other appropriate
community facility to which the respondent is referred;

(8) make restitution or perform services for the public
good;

(9) restore property taken from the petitioner, complainant
or victim, or replace property taken from the petitioner,
complainant or victim, the cost of said replacement not to
exceed $1,000;

(10) repair any damage to, or defacement of, the property
of the petitioner, complainant or victim, the cost of said
repair not to exceed $1,000;

(11) abstain from disruptive behavior in the home and in
the community;

(12) cooperate in accepting medical or psychiatric diagnosis
and treatment, alcoholism or drug abuse treatment or counseling
services, and permit an agency delivering that service to
furnish the court with information concerning the diagnosis,
treatment or counseling;

(13) attend and complete an alcohol awareness program established
pursuant to section 19.25 of the Mental Hygiene Law;

(14) comply with such other reasonable terms and conditions
as the court shall determine to be necessary or appropriate
to ameliorate the conduct which gave rise to the filing of
a petition.

(b) An order placing the respondent on probation in accordance
with section 757 of the Family Court Act shall contain at
least one of the following terms and conditions, in addition
to any of the terms and conditions set forth in subdivision
(a) of this section, directing the respondent to:

(1) meet with the assigned probation officer when directed
to do so by that officer;

(2) permit the assigned probation officer to visit the respondent
at home or at school;

(3) permit the assigned probation officer to obtain information
from any person or agency from whom the respondent is receiving
or was directed to receive diagnosis, treatment or counseling;

(4) permit the assigned probation officer to obtain information
from the respondent's school;

(5) cooperate with the assigned probation officer in seeking
to obtain and in accepting employment and employment counseling
services;

(6) submit records and reports of earnings to the assigned
probation officer when requested to do so by that officer;

(7) obtain permission from the assigned probation officer
for any absence from the county or residence in excess of
two weeks; or

(8) attend and complete an alcohol awareness program established
pursuant to section 19.25 of the Mental Hygiene Law;

(9) do or refrain from doing any other specified act of
omission or commission that, in the opinion of the court,
is necessary and appropriate to implement or facilitate the
order placing the respondent on probation.

(c) An order entered pursuant to section 754 of the Family
Court Act may set a time or times at which the probation service
shall report to the court, orally or in writing, concerning
compliance with the terms and conditions of said order.

(d) A copy of the order setting forth the terms and conditions
imposed and the duration thereof shall be furnished to the
respondent and to the parent or other person legally responsible
for the respondent.

(a) Pretrial detention; required findings. In any case in
which detention is ordered by the court pursuant to section
728 or 739 of the Family Court Act, the court shall make additional,
specific written findings regarding the following issues:

(1) whether the continuation of the respondent in his or
her home would be contrary to his or her best interests; and

(2) whether reasonable efforts, where appropriate, were
made, prior to the date of the court hearing that resulted
in the detention order, to prevent or eliminate the need for
removal of the respondent from his or her home, or, if the
respondent had been removed from his or her home prior to
such court hearing, whether reasonable efforts, where appropriate,
were made to make it possible for the respondent to safely
return home.

The court may request the petitioner, presentment agency,
if any, and the local probation department to provide information
to the court to aid in its determinations and may also consider
information provided by the law guardian.

(b) Motion for an order that reasonable
efforts are not required. A motion for a judicial determination, pursuant
to section 754(2)(b) of the Family Court Act, that reasonable
efforts to prevent or eliminate the need for removal of the
respondent from his or her home or to make it possible to
reunify the respondent with his or her parents are not required
shall be governed by section 205.16 of this Part.

(c) Placement; required findings. In any case in which the
court is considering ordering placement pursuant to section
756 of the Family Court Act, the petitioner, presentment agency,
if any, local probation department and local commissioner
of social services shall provide information to the court
to aid in its required determination of the following issues:

(1) whether continuation in the respondent's home would
be contrary to his or her best interests, and, if the respondent
was removed from his or her home prior to the date of such
hearing, whether such removal was in his or her best interests;

(2) whether reasonable efforts, where appropriate, were
made, prior to the date of the dispositional hearing, to prevent
or eliminate the need for removal of the respondent from his
or her home, and, if the respondent was removed from his or
her home prior to the date of such hearing, whether reasonable
efforts, where appropriate, were made to make it possible
for the respondent to return safely home. If the court determines
that reasonable efforts to prevent or eliminate the need for
removal of the respondent from his or her home were not made,
but that the lack of such efforts was appropriate under the
circumstances, the court order shall include such a finding;

(3) in the case of a respondent who has attained the age
of 16, the services needed, if any, to assist the respondent
to make the transition from foster care to independent living;
and

(4) in the case of an order of placement specifying a particular
authorized agency or foster care provider, the position of
the local commissioner of social services regarding such placement.

(d) Permanency hearing; extension of placement. A petition
for a permanency hearing and, if applicable, an extension
of placement, pursuant to section 756-a of the Family Court
Act, shall be filed at least 60 days prior to the expiration
of one year following the respondent's entry into foster care;
provided, however, that if the Family Court makes a determination,
pursuant to section 754(2)(b) of the Family Court Act, that
reasonable efforts are not required to prevent or eliminate
the need for removal of the respondent from his or her home
or to make it possible to reunify the respondent with his
or her parents, the permanency hearing shall be held within
30 days of such finding and the petition for the permanency
hearing shall be filed and served on an expedited basis as
directed by the court. Following the initial permanency hearing
in a case in which the respondent remains in placement, a
petition for a subsequent permanency hearing and, if applicable,
extension of placement shall be filed at least 60 days prior
to the expiration of one year following the date of the preceding
permanency hearing. All petitions for permanency hearings
shall be governed by section 205.17 of this Part.

Historical Note
Sec. filed Feb. 5, 2001 eff. Jan. 31, 2001.

Section
205.68 to 205.69 [Reserved]

Section
205.70 Designation of persons to inform complainant of procedures
available for the institution of family offense proceedings.

Pursuant to section 812 of the Family Court Act, the following
persons are hereby designated to inform any petitioner or
complainant seeking to bring a proceeding under article 8
of the Family Court Act of the procedures available for the
institution of these proceedings, before such proceeding or
action is commenced:

(a) within the City of New York:

(1) the commanding officer of the police precinct wherein
the offense is alleged to have occurred; or

(2) any police officer attached to such precinct who is
designated by such commanding officer;

(b) outside the City of New York:

(1) the commanding officer of any law enforcement agency
providing police service in the county wherein the offense
is alleged to have occurred; or

(2) any police officer attached to such law enforcement
agency who is designated by such commanding officer;

(c) the district attorney, corporation counsel or county
attorney in the county wherein the offense is alleged to have
occurred, or any assistant district attorney, assistant corporation
counsel or assistant county attorney who is designated by
such district attorney, corporation counsel or county attorney;

(d) any probation officer in the employ of the State of
New York, or any political subdivision thereof, providing
probation service in the criminal court or in the intake unit
of the Family Court in the county in which a proceeding may
be instituted;

(e) the clerk of the Family Court and the clerk of the criminal
court located in the county in which the proceeding may be
instituted, or any clerk in that court designated by such
clerk of the family or criminal court; and

(f) judges of all local criminal courts outside the City
of New York having jurisdiction over the alleged offense.

(a) Any person seeking to file a family offense petition
under article 8 of the Family Court Act may first be referred
to the probation service concerning the advisability of filing
a petition.

(b) Upon such referral, the probation service shall inform
such person:

(1) concerning the procedures available for the institution
of family offense proceedings, including the information set
forth in subdivision 2 of section 812 of the Family Court
Act; and

(2) that the person seeking to file a family offense petition
is entitled to request that the probation service confer with
him or her, the potential respondent and any other interested
person concerning the advisability of filing a petition requesting:

(i) an order of protection;

(ii) a temporary order of protection; or

(iii) the use of the court's conciliation procedure.

(c) The probation service, at the request of the person
seeking to file a family offense petition, shall commence
conducting preliminary conferences concerning the advisability
of filing a petition with that person, the potential respondent
and any other interested person no later than the next regularly
scheduled court day. The probation service shall permit any
participant who is represented by a lawyer to be accompanied
at any preliminary conference by the lawyer, who shall be
identified by the probation officer to the other party, and
shall not discourage any person from seeking to file a petition.

(d) At the first appearance at a conference by each of the
persons listed in subdivision (c) of this section, the probation
service shall inform such person concerning the function and
limitations of, and the alternatives to, the adjustment process,
and that:

(1) the purpose of the adjustment process is to attempt
through conciliation and agreement to arrive at a cessation
of the conduct forming the basis of the family offense complaint
without filing a petition in court;

(2) the probation service may confer with the persons listed
in subdivision (c) of this section if it shall appear to the
probation service that:

(i) there is a reasonable likelihood that the adjustment
process will result in a cessation of the conduct forming
the basis of the family offense complaint; and

(ii) there is no reasonable likelihood that the potential
respondent will, during the period of the adjustment, inflict
or threaten to inflict physical injury on the person seeking
to obtain relief, or any other member of the same family or
household, if the filing of a petition is delayed;

(3) the probation service is not authorized to, and shall
not, compel any person, including the person seeking to file
a family offense petition, to appear at any conference, produce
any papers or visit any place;

(4) the person seeking to file a family offense petition
is entitled to request that the probation service confer with
him or her, the potential respondent and any other interested
person concerning the advisability of filing a family offense
petition under article 8 of the Family Court Act;

(5) if the assistance of the probation service is not requested
or, if requested, is subsequently declined, the person seeking
to file a family offense petition is entitled to have access
to the court at any time, even after having consented to an
extension of the adjustment period, and may proceed to file
a family offense petition;

(6) no statements made during any preliminary conference
with the probation service may be admitted into evidence at
a fact-finding hearing held in the Family Court or at any
proceeding conducted in a criminal court at any time prior
to conviction;

(7) the adjustment process must commence within seven days
from the date of the request for a conference, may continue
for a period of two months from the date of that request and
may be twice extended by the court for two periods of up to
60 days each upon written application to the court containing
the consent and signature of the person seeking to file a
family offense petition;

(8) if a petition is filed, a temporary order of protection
may be issued for good cause shown, and unless a petition
is filed, the court may not issue any order of protection;

(9) if the adjustment process is not successful, the persons
participating therein shall be notified in writing of that
fact, and that the person seeking to file a family offense
petition is entitled to access to the court for that purpose;

(10) if the matter has been successfully adjusted, the persons
participating therein shall be notified in writing of that
fact; and

(11) if the adjustment of the matter results in a voluntary
agreement concerning the cessation of the offensive conduct
forming the basis of the family offense complaint:

(i) it shall be reduced to writing by the probation service,
signed by both parties to it and submitted to the Family Court
for approval;

(ii) if the court approves it, the court may, without further
hearing, enter an order of protection pursuant to section
823 of the Family Court Act in accordance with the agreement;
and

(iii) the order when entered shall be binding on the respondent
and shall in all respects be a valid order.

(e) If the adjustment process is not commenced, the probation
service shall give written notice to the persons listed in
subdivision (c) of this section that:

(1) the adjustment process was not commenced, and the reasons
therefor;

(2) the person seeking to file a family offense petition
is entitled to access to the court for that purpose; and

(3) if applicable, the adjustment process was not commenced
on the ground that the court would not have jurisdiction over
the case, and the person seeking to file a family offense
petition may test the question of the court's jurisdiction
by filing a petition.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.72 Duties of the probation service and procedures relating
to the adjustment process (family offenses).

(a) If the assistance of the probation service is requested
by the person seeking to file a family offense petition, the
adjustment process shall commence within seven days from the
request. The probation service shall permit any participant
who is represented by a lawyer to be accompanied at any conference
by the lawyer, who shall be identified by the probation officer
to the other party, and shall not discourage any person from
seeking to file a petition.

(b) If an extension of the period of the adjustment process
is sought, the probation service shall, with the written consent
of the person seeking to file a family offense petition, apply
in writing to the court and shall set forth the services rendered,
the date of commencement of those services, the degree of
success achieved, the services proposed to be rendered and
a statement by the assigned probation officer: that there
is no imminent risk that, if an extension of the period is
granted, the potential respondent will, during the extended
period of adjustment, endanger the health or safety of the
person seeking to file a family offense petition or any other
member of the same family or household, and the facts upon
which the opinion is based; and that the matter will not be
successfully adjusted unless an extension is granted.

(c) The probation service shall discontinue its efforts
at adjustment if, at any time:

(1) the person seeking to file a family offense petition
or the potential respondent requests that it do so; or

(2) it appears to the probation service that:

(i) there is no reasonable likelihood that a cessation of
the conduct forming the basis of the family offense complaint
will result; or

(ii) there is an imminent risk that the potential respondent
will inflict or threaten to inflict physical injury upon the
person seeking to file a family offense petition or upon any
other member of the same family or household; or

(iii) the potential respondent has inflicted or threatened
to inflict physical injury on the person seeking to file a
family offense petition or any other member of the same family
or household since efforts at adjustment began.

(d) If the adjustment process is not successfully concluded,
the probation service shall notify in writing all the persons
who participated therein:

(1) that the adjustment process has not been successfully
concluded, and the reasons therefor; and

(2) that the person seeking to file a family offense petition
is entitled to access to the court for that purpose.

(e) If the adjustment process results in an agreement for
the cessation of the conduct forming the basis of the family
offense complaint:

(1) it shall be reduced to writing by the probation service,
shall be signed by both parties to it, and shall be submitted
to the court, together with a petition for approval of the
agreement and a proposed order incorporating the agreement;
and

(2) if the agreement is approved by the court, a copy of
the order shall be furnished by the probation service to the
person seeking to file a family offense petition and the potential
respondent, in person if they are present, and by mail if
their presence has been dispensed with by the court.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.73 Record and report of unexecuted warrants issued pursuant
to section 827 of the Family Court Act (family offenses).

(a) The clerk of court for the Family Court in each county
shall obtain and keep a record of unexecuted warrants issued
pursuant to section 827 of the Family Court Act.

(b) At the end of each six-month period, on the first of
January and on the first of July in each year, a report concerning
all unexecuted warrants issued pursuant to section 827 of
the Family Court Act shall be made and filed with the Office
of Court Administration on a form to be supplied by the Office
of Court Administration.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.74 Terms and conditions of order in accordance with sections
841(b)-(e), 842 and 843 of the Family Court Act (family offenses).

(a) An order suspending judgment entered pursuant
to section 841(b) of the Family Court Act shall contain at
least one of the following terms and conditions directing
the respondent to:

(1) stay away from the residence of the person against whom
the family offense was committed;

(2) stay away from the place of employment or place of education
attended by the person against whom the family offense was
committed;

(3) abstain from communicating by any means, including,
but not limited to, telephone, letter, e-mail or other electronic
means with the person against whom the family offense was
committed;

(4) abstain from repeating the conduct adjudicated a family
offense at the fact-finding hearing;

(5) cooperate in seeking to obtain and in accepting medical
or psychiatric diagnosis and treatment, alcoholism or drug
abuse treatment, or employment or counseling or child guidance
services, or participate in a batterer's educational program
designed to help end violent behavior, and permit information
to be obtained by the court from any person or agency from
whom the respondent is receiving or was directed to receive
such services or participate in such program;

(6) allow medical or psychiatric treatment to be furnished
to the person against whom the family offense was committed,
or any other named family member or household member who is
a dependent of the respondent and whose need for medical or
psychiatric treatment was occasioned, in whole or in part,
by the conduct adjudicated a family offense;

(7) cooperate with the person against whom the family offense
was committed, the head of the household or parent, in maintaining
the home or household;

(8) pay restitution in an amount not to exceed $10,000;
or

(9) comply with such other reasonable terms and conditions
as the court shall deem necessary or appropriate to ameliorate
the acts or omissions which gave rise to the filing of the
petition.

(b) An order placing the respondent on probation in accordance
with section 841(c) of the Family Court Act shall contain
at least one of the following terms and conditions, directing
the respondent to:

(1) observe one or more of the terms and conditions set
forth in subdivision (a) of this section;

(2) meet with the assigned probation officer when directed
to do so by that officer;

(3) cooperate with the assigned probation officer in arranging
for and allowing visitation in the family residence or household;
or

(4) cooperate in seeking to obtain and in accepting medical
treatment, psychiatric diagnosis and treatment, alcoholism
or drug abuse treatment, or employment or counseling services,
or participate in a batterer's educational program designed
to help end violent behavior, and permit the assigned probation
officer to obtain information from any person or agency from
whom the respondent is receiving or was directed to receive
such services or participate in such program;

(c) An order of protection entered in accordance with section
841(d) of the Family Court Act may, in addition to the terms
and conditions enumerated in sections 842 and 842-a of the
Family Court Act, require the petitioner, respondent or both,
or, if before the court, any other member of the household,
to:

(1) abstain from communicating by any means, including,
but not limited to, telephone, letter, e-mail or other electronic
means with the person against whom the family offense was
committed;

(2) stay away from the place of employment or place of education
attended by the person against whom the family offense was
committed, of a child or a parent, or of another member of
the same family or household;

(3) refrain from engaging in any conduct which interferes
with the custody of a child as set forth in the order;

(4) cooperate in seeking to obtain and in accepting medical
treatment, psychiatric diagnosis and treatment, alcoholism
or drug abuse treatment, or employment or counseling services,
or participate in a batterer's educational program designed
to help end violent behavior, and permit information to be
obtained by the court from any person or agency from whom
the respondent is receiving or was directed to receive such
services or participate in such program;

(5) pay restitution in an amount not to exceed $10,000;
or

(6) comply with such other reasonable terms and conditions
as the court may deem necessary and appropriate to ameliorate
the acts or omissions which gave rise to the filing of the
petition.

(d) A copy of the order setting forth its duration and the
terms and conditions imposed shall be furnished to the respondent
and to the person or persons against whom the family offense
was committed.

(e) Each order issued pursuant to section 828 or 841(b),
(c), (d) or (e) of the Family Court Act shall contain a written
statement informing the respondent that a failure to obey
the order may result in commitment to jail for a term not
to exceed six months. Each order issued pursuant to section
828 or 841(d) shall contain a written statement informing
the respondent that a failure to obey the order may result
in incarceration up to seven years.

(a) When a child absconds from a shelter
or holding facility to which the child was remanded pursuant
to section 1027(b) or 1051(d) of the Family Court Act, written
notice of that fact, signed by an authorized representative
of the facility, shall be sent within 48 hours to the clerk
of the court from which the remand was made. The notice shall
state the name of the child, the docket number of the pending
proceeding in which the child was remanded, the date on which
the child absconded, and the efforts made to secure the return
of the child. Every order of remand pursuant to section 1027(b)
or 1051(d) shall include a direction embodying the requirement
of this subdivision.

(b) Upon receipt of a written notice of absconding, the
clerk of the court shall cause the proceeding to be placed
on the calendar for the next court day for such action as
the court shall deem appropriate, and shall give notice of
such court date to the petitioner and law guardian or privately
retained counsel of the child.

(a) Temporary removal;
required findings. In
any case in which removal of the child is ordered by the court
pursuant to part 2 of article 10 of the Family Court Act,
the court shall make additional, specific written findings
regarding the following issues:

(1) whether the continuation of the child in his or her
home would be contrary to his or her best interests; and

(2) whether reasonable efforts, where appropriate, were
made, prior to the date of the court hearing that ressulted
in the removal order, to prevent or eliminate the need for
removal of the child from his or her home, and, if the child
had been removed from his or her home prior to such court
hearing, whether reasonable efforts, where appropriate, were
made to make it possible for the child to safely return home.
The petitioner shall provide information to the court to aid
in its determinations. The court may also consider information
provided by respondents and the law guardian.

(b) Motion for an order that reasonable
efforts are not required. A motion for a judicial determination, pursuant
to section 1039-b of the Family Court Act, that reasonable
efforts to prevent or eliminate the need for removal of the
child from his or her home or to make it possible to reunify
the child with his or her parents are not required shall be
governed by section 205.16 of this Part.

(c) Placement; required findings. In any case in which the
court is considering ordering placement pursuant to section
1055 of the Family Court Act, the petitioner shall provide
information to the court to aid in its required determination
of the following issues:

(1) whether continuation in the child's home would be contrary
to his or her best interests and, if the child was removed
from his or her home prior to the date of such hearing, whether
such removal was in his or her best interests;

(2) whether reasonable efforts, where appropriate, were
made, prior to the date of the dispositional hearing, to prevent
or eliminate the need for removal of the child from his or
her home and, if the child was removed from his or her home
prior to the date of such hearing, whether reasonable efforts,
where appropriate, were made to make it possible for the child
to return safely home. If the court determines that reasonable
efforts to prevent or eliminate the need for removal of the
child from his or her home were not made, but that the lack
of such efforts was appropriate under the circumstances, the
court order shall include such a finding;

(3) in the case of a child for whom the permanency plan
is adoption, guardianship or some other permanent living arrangement
other than reunification with the parent or parents of the
child, whether reasonable efforts have been made to make and
finalize such other permanency plan;

(4) in the case of a respondent who has attained the age
of 16, the services needed, if any, to assist the respondent
to make the transition from foster care to independent living;
and

(5) in the case of an order of placement specifying a particular
authorized agency or foster care provider, the position of
the local commissioner of social services regarding such placement.

(d) Permanency hearing; extension
of placement. A petition
for a permanency hearing and, if applicable, an extension
of placement, pursuant to section 1055 of the Family Court
Act, shall be filed at least 60 days prior to the expiration
of one year following the child's entry into foster care.
For purposes of this section, the child's entry into foster
care shall be deemed to have commenced the earlier of the
date of the fact finding of abuse or neglect of the child
pursuant to section 1051 of the Family Court Act or 60 days
after the date the child was removed from his or her home;
provided, however, that if the court makes a determination
pursuant to section 1039-b of the Family Court Act, that reasonable
efforts are not required to prevent or eliminate the need
for removal of the child from his or her home or to make it
possible to reunify the child with his or her parents, the
permanency hearing shall be held within 30 days of such determination
and the petition for the permanency hearing shall be filed
and served on an expedited basis as directed by the court.
Following the initial permanency hearing in a case in which
the child remains in placement, a petition for a subsequent
permanency hearing and, if applicable, extension of placement
shall be filed at least 60 days prior to the expiration of
one year following the date of the preceding permanency hearing.
All petitions for permanency hearings shall be governed by
section 205.17 of this Part.

Section
205.82 Record and report of unexecuted warrants issued pursuant
to article 10 of the Family Court Act (child protective proceeding).

(a) The clerk of court for the Family Court in each
county shall obtain and keep a record of unexecuted warrants
issued pursuant to article 10 of the Family Court Act.

(b) At the end of each six-month period, on the first of
January and on the first of July in each year, a report concerning
all unexecuted warrants issued pursuant to article 10 of the
Family Court Act shall be made and filed with the Office of
Court Administration on a form to be supplied by the Office
of Court Administration.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.83 Terms and conditions of order in accordance with sections
1053, 1054 and 1057 of the Family Court Act (child protective
proceeding).

(a) An order suspending judgment entered
pursuant to section 1052 of the Family Court Act shall, where
the child is in foster care, set forth the visitation plan
between respondent and the child and between the child and
his or her sibling or siblings, if any, and shall require
the agency to notify the respondent of case conferences. A
copy of the order, along with a current service plan, shall
be furnished to the respondent. Any order suspending judgment
entered pursuant to section 1052 of the Family Court Act shall
contain at least one of the following terms and conditions
that relate to the adjudicated acts or omissions of the respondent,
directing the respondent to:

(1) refrain from or eliminate specified acts or conditions
found at the fact-finding hearing to constitute or to have
caused neglect or abuse;

(2) provide adequate and proper food, housing, clothing,
medical care, and for the other needs of the child;

(3) provide proper care and supervision to the child and
cooperate in obtaining, accepting or allowing medical or psychiatric
diagnosis or treatment, alcoholism or drug abuse treatment,
counseling or child guidance services for the child;

(4) take proper steps to insure the child's regular attendance
at school; and

(5) cooperate in obtaining and accepting medical treatment,
psychiatric diagnosis and treatment, alcoholism or drug abuse
treatment, employment or counseling services, or child guidance,
and permit a child protective agency to obtain information
from any person or agency from whom the respondent or the
child is receiving or was directed to receive treatment or
counseling.

(b) An order pursuant to section 1054 of the Family Court
Act placing the person to whose custody the child is released
under the supervision of a child protective agency, social
services officer or duly authorized agency, or an order pursuant
to section 1057 placing the respondent under the supervision
of a child protective agency, social services official or
authorized agency, shall contain at least one of the following
terms and conditions requiring the respondent to:

(1) observe any of the terms and conditions set forth in
subdivision (a) of this section;

(2) cooperate with the supervising agency in remedying specified
acts or omissions found at the fact-finding hearing to constitute
or to have caused the neglect or abuse;

(3) meet with the supervising agency alone and with the
child when directed to do so by that agency;

(4) report to the supervising agency when directed to do
so by that agency;

(5) cooperate with the supervising agency in arranging for
and allowing visitation in the home or other place;

(6) notify the supervising agency immediately of any change
of residence or employment of the respondent or of the child;
or

(7) do or refrain from doing any other specified act of
omission or commission that, in the judgment of the court,
is necessary to protect the child from injury or mistreatment
and to help safeguard the physical, mental and emotional well-being
of the child.

(c) When an order is made pursuant to section 1054 or 1057
of the Family Court Act:

(1) the court shall notify the supervising agency in writing
of its designation to act and shall furnish to that agency
a copy of the order setting forth the terms and conditions
imposed;

(2) the order shall be accompanied by a written statement
informing the respondent that a willful failure to obey the
terms and conditions imposed may result in commitment to jail
for a term not to exceed six months; and

(3) the court may, if it concludes that it is necessary
for the protection of the child, direct the supervising agency
to furnish a written report to the court at stated intervals
not to exceed six months, setting forth whether, and to what
extent:

(i) there has been any alteration in the respondent's maintenance
of the child that is adversely affecting the child's health
or well-being;

(ii) there is compliance with the terms and conditions of
the order of supervision; and

(iii) the supervising agency has furnished supporting services
to the respondent.

(d) A copy of the order, setting forth its duration and
the terms and conditions imposed, shall be furnished to the
respondent.

Section
205.85 Procedure when a child who has been placed absconds (child
protective proceeding).

(a) When a child placed
pursuant to section 1055 of the Family Court Act absconds,
written notice of that fact shall be sent within 48 hours
to the clerk of the court from which the placement was made.
The notice shall be signed by the custodial person or by an
authorized representative of the place of placement and shall
state the name of the child, the docket number of the proceeding
in which the child was placed, the date on which the child
absconded, and the efforts made to secure the return of the
child. Every order of placement pursuant to section 1055 shall
include a direction embodying the requirement of this subdivision.

(b) Upon receipt of the written notice of absconding, the
clerk of the court shall cause the proceeding to be placed
on the calendar no later than the next court day for such
action as the court may deem appropriate.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
205.86 Videotapes of interviews of children alleged to have
been sexually abused.

(a) In any case in which, pursuant
to section 1038(c) of the Family Court Act, a videotape is
made of an expert's interview with a child alleged to have
been sexually abused, the attorney for the party requesting
the videotaping, or the party, if unrepresented, shall promptly
after the videotaping has been completed:

(1) cause to be prepared a duplicate videotape, certified
by the preparer as a complete and unaltered copy of the original
videotape;

(2) deposit the original videotape, certified by the preparer
as the original, with the Clerk of the Family Court; and

(3) submit for signature to the judge before whom the case
is pending a proposed order authorizing the retention of the
duplicate videotape by the attorney, (or the party, if unrepresented)
and directing that retention be in comformance with this section.

Both the original videotape and the duplicate thereof shall
be labelled with the name of the case, the Family Court docket
number, the name of the child, the name of the interviewer,
the name and address of the technician who prepared the videotape,
the date of the interview, and the total elapsed time of the
videotape.

(b) Up receipt, the clerk shall hold the original videotape
in a secure place limited to access only by authorized court
personnel.

(c)

(1) Except as provided in paragraph (2) of this subdivision,
the duplicate videotape shall remain in the custody of the
attorney for the party who requested it, or the party, if
not represented (the "custodian").

(2) The duplicate videotape shall be available for pretrial
disclosure pursuant to article 10 of the Family Court Act
and any other applicable law.

Consistent therewith, the custodian shall permit an attorney
for a party, or the party, if not represented by counsel,
to borrow the duplicate videotape for a reasonable period
of time so that it may be viewed, provided the person to whom
it is loaned first certifies, by affidavit filed with the
court, that he or she will comply with this subdivision.

(3) A person borrowing the duplicate videotape as provided
in paragraph (2) of this subdivision shall not lend it or
otherwise surrender custody thereof to any person other than
the custodian, and upon returning such videotape to the custodian,
such person shall certify, by affidavit filed with the court,
that he or she has complied with the provisions of this subdivision.

(4) Subject to court order otherwise, the duplicate videotape
may not be viewed by any person other than a party or his
or her counsel or prospective expert witnesses. No copy of
the duplicate videotape may be made.

(d) Failure to comply with the provisions of this rule shall
be punishable by contempt of court.